A common question innovators, startups, and businesses ask is:
“What exactly can be patented in India?”
In India, an invention can be patented if it qualifies as a new product or process, involves an inventive step, is capable of industrial application, and is clearly disclosed in the patent specification, provided the invention does not fall within the exclusions listed under Sections 3 and 4 of the Patents Act, 1970.
Indian patent law does not provide a fixed or exhaustive list of inventions that qualify for patent protection. Instead, the law follows a criteria-based approach, where each invention is examined on its own merits.
Sections 3 and 4 of the Indian Patents Act, 1970 identify subject matter that is excluded from patent protection. We have explained these exclusions in detail in our earlier article on inventions not patentable in India. Once an invention does not fall within these statutory exclusions, the next step is to evaluate whether the invention satisfies the core patentability requirements under Indian law.
In simple terms, an invention can be patented in India if it:
- Qualifies as an “invention” under the Patents Act
- Is new and has not been disclosed earlier
- Involves an inventive step (non-obviousness)
- Is capable of industrial application
- Is clearly and sufficiently disclosed in the patent specification
Because patentability is assessed on a case-by-case basis, no universal answer applies to every invention. However, understanding these legal criteria helps innovators make informed decisions before investing time and resources in patent filing.
What Is Considered an “Invention” Under Indian Patent Law?
Before examining the patentability criteria in detail, it is useful to understand what Indian patent law considers an “invention.”
Under Section 2(j) of the Patents Act, 1970, an invention means a new product or process involving an inventive step and capable of industrial application. This definition explains why a mere idea—without technical substance or practical application does not qualify for patent protection.
For a clearer understanding of this distinction, you may also read our article on can you patent an idea in India.
1. Patentable Subject Matter
The first and most fundamental requirement for patentability is that the invention must relate to patentable subject matter.
How Indian Law Defines Patentable Subject Matter
Indian patent law adopts a negative definition approach. Instead of listing what can be patented, the Patents Act specifies what cannot be patented. Sections 3 and 4 of the Act enumerate subject matter that is expressly excluded from patent protection, such as:
- Abstract ideas
- Certain computer programs
- Methods of treatment
- Discoveries without technical application
- Inventions contrary to public order or morality
As long as an invention does not fall within these exclusions, it can qualify as patentable subject matter, subject to satisfaction of the remaining criteria of novelty, inventive step, and industrial applicability.
Why This Is Only a Threshold Test
Clearing Sections 3 and 4 is only a threshold requirement. Many inventions fail later during examination even after passing this stage, particularly on grounds of lack of inventive step or insufficient technical disclosure.
For this reason, patentable subject matter should never be assessed in isolation. A proper evaluation requires examining how the invention is defined, claimed, and technically supported in the patent specification.
This becomes especially relevant in areas such as software-related inventions, where patent eligibility often depends on whether the invention demonstrates a technical contribution, rather than a mere algorithm or business logic.
2. Novelty (The Invention Must Be New)
Novelty is a fundamental requirement for patentability in India. If an invention is not new, it cannot be patented irrespective of how useful, commercially valuable, or technically sophisticated the invention may be.
What “New” Means Under Indian Law
Under Section 2(l) of the Patents Act, 1970, a “new invention” means an invention or technology that has not been anticipated by publication in any document or used in the country or elsewhere in the world before the date of filing of the patent application with a complete specification.
In other words, the invention must not form part of the public domain or the existing state of the art.
What Can Destroy Novelty?
In practical terms, the novelty requirement means that:
- The invention must not have been disclosed in patent documents, research papers, journals, websites, product manuals, or public presentations
- The invention must not have been publicly used, demonstrated, or commercialized
- The invention must not be known or accessible to the public anywhere in the world prior to filing
Even a single prior disclosure, whether intentional or accidental, can destroy novelty. Common examples include publishing a technical paper, presenting at a conference, showcasing a prototype at an exhibition, sharing details on a website, or explaining the invention in a publicly accessible video.
Public Disclosure Before Filing
A frequent concern among inventors is whether an invention can still be patented after public disclosure. In most cases, public disclosure before filing is fatal to novelty, except in narrowly defined statutory exceptions. This issue is explained in detail in our article on can an invention be patented after public disclosure.
Global Novelty Standard in India
Indian patent law follows an absolute novelty standard. Any identical disclosure regardless of country, language, or form can be cited as prior art against the invention.
Because novelty is assessed by comparing the invention against existing knowledge, conducting a structured prior art analysis becomes essential before filing. For clarity on this aspect, you may also refer to our article explaining the difference between patentability search and prior art search.
3. Inventive Step (Non-Obviousness)
An invention must involve an inventive step to qualify for patent protection in India. Novelty alone is not sufficient.
Legal Meaning of Inventive Step
Under Section 2(ja) of the Patents Act, 1970, an inventive step means a feature of an invention that:
- Involves a technical advance as compared to existing knowledge, or
- Has economic significance, or both, and
- Makes the invention not obvious to a person skilled in the art
In simple terms, the invention must demonstrate more than a routine modification or predictable improvement over what already exists.
When an Invention Is Considered Obvious
From an examination perspective, an invention may lack an inventive step if it:
- Merely combines known features without producing a new technical effect
- Uses known techniques in a predictable manner
- Substitutes one known element for another without technical advantage
- Represents an obvious workshop modification
Indian patent examiners often assess inventive step by comparing the claimed invention with one or more prior art documents and asking whether a skilled person would have arrived at the invention through ordinary technical reasoning.
Why Drafting Matters for Inventive Step
Inventive step assessment is one of the most challenging aspects of patent prosecution. Outcomes depend heavily on how the invention is framed in the claims and supported by the technical description.
For a deeper understanding of how this requirement is evaluated, you may refer to our detailed article on what qualifies as an inventive step in India. A comparative perspective across jurisdictions is discussed in our article on non-obviousness comparison between India, Europe, and the US.
In practice, many patent applications face inventive step objections not because the invention lacks value, but because the technical contribution is not clearly articulated in the specification or claims.
4. Capable of Industrial Application
An invention must be capable of industrial application to qualify for patent protection in India. This requirement ensures that patents are granted only for inventions with real-world utility.
Meaning of Industrial Applicability
Under Section 2(ac) of the Patents Act, 1970, industrial applicability means that the invention is capable of being made or used in an industry. The term “industry” is interpreted broadly and includes manufacturing, agriculture, engineering, healthcare, and other practical fields of economic activity.
Practical Requirements
In practical terms, this requirement means that:
- The invention must work as described
- The invention must produce a tangible or usable result
- The invention must be capable of repetition with consistent outcomes
An invention that exists only as a theoretical idea or abstract concept—without a disclosed mode of implementation will fail this requirement.
Industrial applicability is closely linked to the quality of disclosure in the patent specification. If the specification does not clearly explain how the invention can be made or used, the application may be rejected even if novelty and inventive step are otherwise present.
5. Enabling Disclosure (Sufficiency of Description)
Meeting the requirements of patentable subject matter, novelty, inventive step, and industrial applicability is not sufficient by itself. Indian patent law also requires clear and sufficient disclosure of the invention.
What Enabling Disclosure Requires
The complete specification must describe the invention in a manner that enables a person skilled in the relevant technical field to perform the invention without undue experimentation.
An enabling patent specification should:
- Clearly explain the technical problem addressed by the invention
- Describe the structure, steps, or components of the invention in detail
- Disclose at least one workable embodiment
- Explain how the invention achieves the claimed technical effect
If the disclosure is vague, incomplete, or merely conceptual, the patent application may be rejected, even if the invention is otherwise novel and inventive.
Indian patent examiners frequently raise objections where claims extend beyond the supporting disclosure or where essential technical features are missing.
For a deeper explanation, you may refer to our article: why patent specifications must be sufficiently disclosed
Conclusion
There is no fixed list of inventions that can be patented in India. Patentability depends on whether an invention satisfies the statutory requirements under Indian patent law, including patentable subject matter, novelty, inventive step, industrial applicability, and sufficient disclosure.
Understanding these criteria allows innovators to evaluate ideas early and avoid common pitfalls during patent filing and examination. Since patentability is assessed on a case-by-case basis, careful evaluation and precise drafting play a decisive role in securing enforceable patent protection.
Unsure About Patentability?
Get early clarity on whether your invention satisfies Indian patentability requirements before investing time, cost, and effort in filing a patent application.
Frequently Asked Questions
Can an idea be patented in India?
No. Indian patent law protects inventions, not abstract ideas. An idea must be converted into a technically defined product or process with practical application.
Is novelty alone sufficient to get a patent in India?
No. In addition to novelty, an invention must involve an inventive step, be capable of industrial application, and be sufficiently disclosed.
Can I patent my invention after making it public?
In most cases, public disclosure before filing destroys novelty, subject to limited statutory exceptions.
Do I need a prototype to file a patent in India?
No. A working prototype is not mandatory, but the invention must be described clearly enough for a skilled person to perform it.
What is the best stage to evaluate patentability?
Patentability should be assessed before filing and before any public disclosure to reduce rejection risks and avoid unnecessary costs. For additional official guidance, you may also refer to the Patent FAQs issued by the Indian Patent Office, which address common questions on patent filing, examination, and eligibility.
