Utility Requirement in Indian Patent Law
INTRODUCTIONThere are three essential elements for an invention to be patented: it must be a new product or process, have economic significance (i.e., industrial applicability), and must not be obvious to a person skilled in the art. Section 2(j) of the Patents Act, 1970 defines ‘invention’ as a new product or process capable of industrial […]
Inventive Step in Indian Patent System
INTRODUCTION Patents safeguard inventions by granting exclusive rights, but not all inventions qualify. For an invention to be patentable, it must meet three fundamental criteria: novelty, an inventive step (non-obviousness), and industrial applicability. While the criteria for novelty and industrial applicability are generally well-defined and understood based on the Act’s provision, the concept of non-obviousness, […]