Conditions under which a Patent can be granted

The important point is to confirm that the invention is a new product or new process of manufacturing the product and is capable of Industrial application. In short for a new invention to be patentable it must be adequately describes a new, useful and un-obvious invention of proper subject matter.

An invention to become patentable, subject matter must meet the following criteria –

  • It should be novel.
  • It should have inventive step or it must be non-obvious
  • It should be capable of Industrial application.

Patent application should be filed before the publication of the invention in the public and till then it should not be disclosed or published. Disclosure of invention in public before filing of the patent application may be detrimental to novelty of the invention as it may no longer be considered novel due to such publication. However, under certain conditions, there is grace period of 12 months for filing application even after publication and you can find more information about it on

An invention to be patented must not be obvious, means that a person having ordinary skill in same field would not have found the invention obvious at the time it was made. The proper subject matter of a patent can be any product, process, apparatus or composition, including living matter such as genetically engineered bacteria or plants. Special provisions also permit certain distinct and new varieties of plants (Plant Patent) to be patented including new original and ornamental designs for articles of manufacture (Design Patent). However purely mental processes, newly discovered laws of nature and methods of doing business are not proper subjects for a patent. Similarly there are several other specific categories of inventions, which are declared as non-patentable.

So before applying for a Patent, it’s nature, freshness and industrial application should be assessed by invention help professionals so that it has more chances of getting patented successfully.

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