| Under Patent Act, the invention to be patentable | | | | Normally, non-patentable matter can be verified |
| should meet the following criteria.i) Novel: The | | | | by you; however it is advisable to cross-check |
| invention disclosed in the specification is not | | | | from your patent agent or patent attorney. In |
| published in India or elsewhere before the date of | | | | case, your invention falls under above list, you will |
| filing of the patent application in India.ii) Inventive: | | | | not be required to pursue patentable analysis and |
| The invention is not obvious to a person skilled in | | | | or patenting your invention, otherwise you can |
| the art in the light of the prior publication | | | | proceed for patentable analysis and patenting |
| knowledge/ document.iii) Industrially applicable: | | | | your invention. |
| Invention should possess utility, so that it can be | | | | The patentable analysis can be done by you if |
| made or used in the industry. | | | | you are familiar with prior art search or by your |
| The above step is critical to identify novelty and | | | | patent agent. To know more about patent |
| inventiveness of the invention. It requires skill to | | | | search, please visit the link Patent search. Before |
| perform prior art search, patent search, claim | | | | providing all the information relevant to your |
| understanding etc. Before performing the | | | | invention in an invention disclosure format to your |
| patentable analysis, inventor should verify the | | | | patent agent, ensure to enter in a Non-disclosure |
| non-patentable matters as mentioned below. | | | | agreement with your patent agent. If the |
| Under Section 3 & 4 in Patent Act, and in | | | | outcome of analysis is favourable to your |
| sub section 3 (a) to 3 (p) gives the areas of | | | | invention for patenting, you can go ahead for filing |
| inventions not patentable. For example, | | | | patent application in India. |
| · invention which is against natural laws; | | | | Next step is to draft the patent specification; |
| · causes injury to human, animal or plant life or | | | | again it can be done by you if you are familiar |
| health or to the environment; | | | | with patent drafting or by your patent agent. To |
| · mere discovery of a scientific principle; | | | | learn about patent drafting skill, please visit the link |
| · mere discovery of thing occurring in nature; | | | | patent drafting. In India, a patent specification has |
| · mere discovery of a new form of a known | | | | the following elements such as |
| substance; | | | | · Title of Invention |
| · substance obtained by a mere admixture; | | | | · Field of Invention |
| · mere arrangement or re-arrangement or | | | | · Background |
| duplication of known devices; | | | | · Summary of Invention |
| · method of agriculture or horticulture; | | | | · Brief description of drawings |
| · any process of treatment of human beings; | | | | · Description of invention |
| · plants and animals excluding microorganism but | | | | · Examples if any |
| including seeds; | | | | · Specific embodiments if any |
| · mathematical or business method or a | | | | · Abstract |
| computer programme per so or algorithms; | | | | · Claims |
| · artistic works; | | | | · Drawing/diagram/flow-chat |
| · method of performing mental act or method | | | | After completion of patent drafting, you can file it |
| of playing game; | | | | as provisional or complete application. And then, |
| · a presentation of information; | | | | your patent agent will file the patent specification |
| · topography of integrated circuits; | | | | with appropriate forms at appropriate offices in |
| · traditional knowledge; and | | | | India. |
| · invention related to atomic energy. | | | | Happy inventing!! |