IP Diagnostics Portal - India

What are Patents?

A patent is an exclusive right granted by the Government of India for an invention, which is either a new product or a process that offers a new technical solution to a problem. This right is granted for a limited period, generally 20 years from the filing date of the application.

The patent provides the owner with the exclusive right to prevent others from making, using, selling, or importing the patented invention without their permission. In return for this right, the patent owner must disclose the details of the invention to the public in the patent specification.

What Inventions Cannot be Patented?

As per Section 3 of the Patents Act, 1970, the following (among others) are not considered inventions and cannot be patented in India:

• An invention that is frivolous or claims anything contrary to well-established natural laws.
• A discovery of a scientific principle or the formulation of an abstract theory.
• The mere discovery of a new form of a known substance which does not result in the enhancement of its known efficacy.
• A substance obtained by a mere admixture resulting only in the aggregation of the properties of the components.
• A method of agriculture or horticulture.
• Any process for the medicinal, surgical, curative, prophylactic, diagnostic, therapeutic or other treatment of human beings or animals.
• An invention which in effect is traditional knowledge or an aggregation of known properties of traditionally known components.
• Inventions relating to atomic energy.

Patent Offices in India

The Patent Office, under the Controller General of Patents, Designs and Trademarks (CGPDTM), has four head offices where patent applications can be filed based on territorial jurisdiction:

Patent Lifecycle Flowchart