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Understanding Patentability Criteria under the Patents Act 1970 in India

Patents Act, 1970 defines an invention under Section 2(j). It is defined as a new product or process involving an inventive step and capable of industrial application. Further it also defines new invention under Section 2(l) as any invention or technology in respect of a product or process which has not been anticipated by publication in any document or used in the country or elsewhere in the world before the date of filing of the patent application with complete specification, i.e. the subject matter has not fallen in public domain or that it does not form part of the state of the art.

An ‘inventive step’ can be understood as a feature of an invention that involves technical advance as compared to the existing knowledge or having economic significance or both and that makes the invention not-obvious to a person skilled in the art. Further Industrial Applicability means that the subject matter of the invention must be capable of being made or used in any kind of industry.

Read more about filing a patent application in India by clicking on the links below:

Patent Filing

Patent filing fees & forms

Patent Prosecution Flowchart

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