The invention of an invention means any new and useful product, substance or art, process, a method of manufacture or any machine, apparatus etc and includes any improvement in any of them.
- The invention which is frivolous or contrary to natural laws.
- The invention, commercial exploitation of which may be against public order or morality.
- The mere discovery of a new form of known substance, not resulting in increasing its efficacy or the mere discovery of the new use of the known process.
- Discovery of new admixture by merely aggregating properties of other known substances.
- Mere re-arrangement or duplication of known devices.
- Method of agriculture or horticulture.
- Medicinal or surgical process for treatment of human or animal so as to render them free of disease or increasing their economic value.
- Literary, dramatic, musical or artistic work.
- Method of performing the mental act, a method of playing a game
Who Can Apply for Patent
The following person can apply for patent:-
- Any person claiming as true and first inventor
- Any person being the assignee of a person claiming to be the first inventor
- A legal representative of a deceased person mentioned in 1 or 2 supra
Register of Patent
At patent office, a register of a patent is kept wherein the name and address of patentee are entered. Further, any information regarding transmission, assignment or license of a patent is also entered in the register. This register is open for inspection of the public on payment of prescribed fee.
Working of Patent
The patent is granted to encourage invention and for commercial utilization in India, and not merely to enjoy a monopoly. Hence it is necessary to ensure that patent granted do not impede protection of public health and are not abused by the patentee. Otherwise, Government can take any action in public interest.