An invention is a novel device, machine, apparatus or a novel process for making them. An invention can be derived from a pre-existing concept or already known idea. It can also be an independently conceived novel invention of a person. Generally, an invention should be novel, has an inventive step and it should be industrially applicable. Anything occurred in the nature, living and non-living things, mathematical and arithmetic formulae; anything which is against the morality of society or contrast to the nature is not treated as an invention.
Patented Invention in India
Section 2 (j) of the Indian patent act 1970 defines invention as a product or process involving an inventive step and industrially applicable. Under the same act a new invention means any invention or a technology which is not anticipated by any publication or used in the country or elsewhere in the world before the date of filing of the patent application with complete specification. The subject matter of the invention should not form the part of the state of the art.
A patented invention under Patents Act 1970 is the inventions which are granted a patent under this act. Indian Patent Act 1970 under section 3 has listed what are not subjected to be an invention and unpatentable. By the amendment of the act 2005 section 3(d) is inserted to prevent the ever greening of the patents by the innovators. The Patent Act prevents from patenting frivolous inventions or claims anything contrary to nature, living and non-living things except microorganisms, plants and process for the medicinal, surgical, curative and diagnostic methods. Section 3 (c) to (f) is to prevent the granting of patents to the technology which are more or less same or duplicate.
Subject to the section 3 (d), which states that the mere discovery of a new form of a known substance which does not result in the enhancement of the known efficacy of that substance or the mere discovery of any new property or new use for a known substance or of the mere use of a known process, machine or apparatus unless such known process results in a new product or employs at least one new reactant.
According to this clause salts, esters, ethers, polymorphs, metabolites, pure form, particle size, isomers, mixtures of isomers, complexes, combinations and other derivatives of known substance shall be considered to be the same substance, unless they differ significantly in properties with regard to efficacy. In India, once an invention clears the litmus test of patentability such as novelty, inventive step and industrial applicability, it is protected for a period of 20 years under Indian jurisdiction, subject to payment of the maintenance fees.
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