Under the Patents Act, 1970, what are the three

Solution

Under Section 2(j) of the Patents Act, 1970, an "invention" is defined as a new product or process involving an inventive step and capable of industrial application. The three essential criteria for patentability are: (i) Novelty (Section 2(1)(l)) the invention must not have been anticipated by prior publication or public use anywhere in the world before the filing date; India follows the principle of absolute novelty; (ii) Inventive Step (Section 2(1)(ja)) the invention must not be obvious to a person skilled in the relevant field, i.e., it must involve a technical advance over existing knowledge; and (iii) Industrial Application (Section 2(1)(ac)) the invention must be capable of being made or used in some kind of industry. The term "originality" is a copyright concept, not a patent concept confusing the two is a common error in examinations. An invention satisfying all three criteria but falling within the exclusions of Sections 3 and 4 will still not be patentable.