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What
is a patent?
A patent is an exclusive right
granted to a person who has:
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Invented a new and useful article,
or
-
Made an improvement of an existing
article, or
-
Invented a new process of making
an article.
This right entails the person to
exclusively manufacture the new article invented, or exclusively
manufacture an article according to the invented process. The right
subsists only for a limited period and at the expiry of the period,
any person can make use of the invention.
A patent is not granted for a mere
idea or principle, but for some article or the process of making an
article applying the idea.
What
inventions are patentable?
An invention in order to be
patentable, should relate to a machine, article, or substance
produced by manufacture. The process of manufacture of an article or
the improvement of an article or the improvement of the process of
manufacture is also patentable. The invention should be new and
useful.
A process or method constitutes
manufacture, if:
-
It results in the production of
some vendible product,
-
Improves or restores a vendible
product to its former condition,
-
Has the effect of preserving from
deterioration some vendible product.
To
summarise, the three essential
requirements of a patentable invention are novelty, inventiveness
and utility.
What
are the inventions that are not patentable?
The following inventions are not
patentable:
-
An invention which is frivolous or
claims anything obvious or contrary to well established natural
laws.
-
An invention whose use would be
contrary to law or morality or injurious to public health.
-
The mere discovery of a scientific
principle or the formulation of an abstract theory (for eg, the
theory of relativity is not patentable).
-
The mere discovery of any new
property/use for a known substance or a mere use of a known
process, machine or apparatus. However, if the known process
results in a new process or employs a new reactant, it may be
patentable.
-
A substance obtained by a mere
admixture resulting only in the aggregation of the properties of
the components thereof, or a process for producing such
substance.
-
The mere
arrangement/rearrangement/duplication of known devices, each
functioning independently of one another in a known way.
-
A method or process of testing
that is applicable during the process of manufacture for
rendering the machine/apparatus/equipment more efficient or for
the improvement or restoration of the existing
machine/apparatus/equipment or for the improvement/control of
manufacture.
-
A method of agriculture or
horticulture.
-
An invention relating to atomic
energy.
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