Patentable And Non-Patentable Inventions In India: A Critical Analysis

Abstract

The Indian patent regime, governed by the Patents Act, 1970, establishes a dual framework of requirements for patentability and statutory exclusions to ensure that innovation benefits to both inventors and the public. To be patentable, an invention must be novel, demonstrate an inventive step, and have industrial applicability. However, Sections 3 and 4 of the Act exclude subject matter such as discoveries of natural principles, mere admixtures, new forms of known substances without enhanced efficacy, methods of agriculture, medical treatment processes, aesthetic creations, and inventions related to atomic energy.

These exclusions serve to protect public health, environmental safety, national security, and access to essential resources, while preventing misuse of the patent system, including practices like evergreening. By clearly defining the scope of patentable subject matter, Indian law strikes a balance between incentivizing genuine technological progress and safeguarding societal interests. This framework reflects India’s developmental priorities and its obligations under international agreements, ensuring that intellectual property rights contribute to innovation without compromising public welfare.