Economic, Commercial and Intellectual Property Laws · Law relating to Patents

Patentable Inventions under the Patents Act, 1970

Updated 11 October 2026 · Fact-checked

A patent is a right granted under the Patents Act, 1970 for an invention. Section 2(1)(j) defines an invention as a new product or process involving an inventive step and capable of industrial application. To answer a question, test the facts for novelty, inventive step and industrial application, then check Sections 3 and 4.

Understand Introduction to Patents and Patentable Inventions

A patent is a statutory right granted for an invention. Section 2(1)(m) says a patent means a patent for any invention granted under the Patents Act, 1970. The Act therefore starts with one question: is there an invention?

Section 2(1)(j) defines invention as a new product or process involving an inventive step and capable of industrial application. This gives three tests. The thing must be new, it must not be obvious, and it must be usable in industry. Fail any one and there is no patentable invention.

Novelty is explained by the definition of new invention in Section 2(1)(l). It is 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 application with complete specification. In simple words, the subject matter must not be in the public domain or part of the state of the art. Note that the test is worldwide.

Inventive step is defined in Section 2(1)(ja). It is a feature of an invention that involves technical advance compared with existing knowledge, or has economic significance, or both, and that makes the invention not obvious to a person skilled in the art. Industrial application is defined in Section 2(1)(ac). The invention must be capable of being made or used in an industry.

Passing the three tests is not enough. The Act also excludes some subject matter. Section 4 bars a patent for an invention relating to atomic energy falling within Section 20(1) of the Atomic Energy Act, 1962. Section 3 lists other things that are not inventions. That is covered in the separate topic on Sections 3 and 4. An invention is something made or devised. A bare discovery of what already exists in nature is not a new product or process, so it fails the test of an invention.

Key rules to remember

Invention (Section 2(1)(j)): Invention = new product or process + inventive step + capable of industrial application; Quote this definition first in every answer. All three elements are needed.
New invention (Section 2(1)(l)): Not anticipated by publication or use, in India or anywhere in the world, before the filing date with complete specification; Novelty is judged worldwide and as on the filing date of the complete specification.
Inventive step (Section 2(1)(ja)): Technical advance, or economic significance, or both + not obvious to a person skilled in the art; Technical advance or economic significance is enough; both are not required.
Capable of industrial application (Section 2(1)(ac)): Capable of being made or used in an industry; The test is capability, not actual commercial use.
Atomic energy bar (Section 4): No patent for an invention relating to atomic energy falling within Section 20(1) of the Atomic Energy Act, 1962; The bar covers only inventions falling within that provision.
True and first inventor (Section 2(1)(y)): Excludes the first importer into India and a person to whom the invention is first communicated from outside India; Importing a foreign invention does not make you its true and first inventor.

How to solve Introduction to Patents and Patentable Inventions questions

Use this method for any problem or theory question on patentable inventions.

1Identify what is claimed: a product, a process, or something else such as a natural substance or an idea.
2State the definition of invention in Section 2(1)(j) and name the three tests.
3Test novelty with Section 2(1)(l). Ask if it was published or used anywhere in the world before the filing date of the complete specification.
4Test inventive step with Section 2(1)(ja). Ask if there is a technical advance or economic significance, and whether it is non-obvious to a person skilled in the art.
5Test industrial application with Section 2(1)(ac). Ask if it can be made or used in an industry.
6Check the exclusions: Section 4 for atomic energy, and Section 3 for other non-inventions.
7Write a clear conclusion: patentable or not, and which element fails.

Quickest way: Three-test checklist

When to use it: Use it for short problem questions when time is tight.

Write the Section 2(1)(j) definition in one line.
Tick or cross each of the three tests against the facts, with one line of reasoning each.
Add one line on Section 3 or 4 exclusions.
End with a one-line conclusion naming the failed test, if any.

Common mistakes in Introduction to Patents and Patentable Inventions

Treating novelty as local, checking only whether the invention was known in India.
Students assume a national law uses a national test.
Fix: Remember Section 2(1)(l) says used in the country or elsewhere in the world, and published in any document. Novelty is worldwide.
Saying novelty is judged on the date of invention.
It sounds logical that the date of making matters.
Fix: The text refers to the date of filing of the application with complete specification. Use that date.
Requiring both technical advance and economic significance for inventive step.
The word 'and' in the sentence is misread.
Fix: Section 2(1)(ja) says technical advance, or economic significance, or both. Either is enough, but the invention must also be non-obvious.
Saying an invention must already be in commercial use to meet industrial application.
Industrial application is confused with commercial success.
Fix: The test in Section 2(1)(ac) is that it is capable of being made or used in an industry.
Treating a discovery of something existing in nature as an invention.
Both words feel like 'finding something new'.
Fix: An invention is a new product or process devised by effort. Mere discovery is not a new product or process, so it fails the definition. Link it to Section 3 in your answer.
Calling a person who imports a foreign invention its true and first inventor.
Students overlook the exclusion in the definition.
Fix: Section 2(1)(y) excludes the first importer into India and a person to whom the invention is first communicated from outside India.

Worked examples

Example 1

Define 'invention' under the Patents Act, 1970 and explain the conditions an invention must satisfy to be patentable.

Show the solution

Provision: Section 2(1)(j) defines invention as a new product or process involving an inventive step and capable of industrial application.
Condition 1, novelty: under Section 2(1)(l) the invention must not have been anticipated by publication in any document, or used in India or elsewhere in the world, before the filing date of the application with complete specification. It must not form part of the state of the art.
Condition 2, inventive step: under Section 2(1)(ja) it must involve a technical advance over existing knowledge, or have economic significance, or both, and must not be obvious to a person skilled in the art.
Condition 3, industrial application: under Section 2(1)(ac) it must be capable of being made or used in an industry.
Exclusions: even if these are met, Section 4 bars patents for atomic energy inventions falling within Section 20(1) of the Atomic Energy Act, 1962, and Section 3 excludes other subject matter.

Answer: An invention is a new product or process involving an inventive step and capable of industrial application (Section 2(1)(j)). It is patentable only if it is novel, involves an inventive step and has industrial application, and is not excluded by Sections 3 and 4.

Example 2

Ravi, a Pune engineer, files a complete specification on 1 March for a new water filter. On 10 January the same year, a Japanese journal had published a paper describing an identical filter. Ravi did not know of it. Can Ravi obtain a patent?

Show the solution

Provision: Section 2(1)(j) needs a new product, an inventive step and industrial application. Novelty is explained by Section 2(1)(l).
Analysis of novelty: the filter was published in a document, in Japan, before Ravi's filing date of 1 March. Section 2(1)(l) covers publication in any document and use elsewhere in the world.
Ravi's lack of knowledge is irrelevant. The test is whether the matter was anticipated before the filing date, not whether the applicant knew.
Since the filter is part of the state of the art, it is not a new invention. The other tests need not be examined, as one element has failed.

Answer: Ravi cannot obtain a patent. The identical filter was published before his filing date, so it is not new under Section 2(1)(l) and is not an invention under Section 2(1)(j).

Exam tips

Begin every answer with the Section 2(1)(j) definition. It earns marks even in short notes.
Cite the sub-clause numbers, such as 2(1)(l), 2(1)(ja) and 2(1)(ac), when explaining each test.
In problems, show each test separately and then conclude. Do not skip a test even if one fails; briefly mention the others.
Mention Section 4 (atomic energy) and link to Section 3 to show you know patentability has exclusions.
Use the exact words: state of the art, person skilled in the art, complete specification.

Practice questions from Law relating to Patents

Introduction to Patents and Patentable Inventions in other exams

The same ground in other exams, if you are preparing for more than one or want another angle on it.

CS ProfessionalPatentable Subject Matter and Conditions

Introduction to Patents and Patentable Inventions: frequently asked questions

What is the definition of invention under the Patents Act, 1970?

Section 2(1)(j) defines invention as a new product or process involving an inventive step and capable of industrial application. All three elements must be present.

What is the difference between invention and discovery in patent law?

An invention is a new product or process devised through effort and meeting the three tests. A mere discovery of something that already exists, such as a natural substance, is not a new product or process. So it does not meet the definition of invention.

Does novelty mean new only in India?

No. Section 2(1)(l) refers to publication in any document, or use in the country or elsewhere in the world, before the filing date. So prior publication or use anywhere destroys novelty.

Is every invention that meets the three tests patentable?

No. The invention must also not fall under the exclusions. Section 4 bars patents for atomic energy inventions within Section 20(1) of the Atomic Energy Act, 1962, and Section 3 lists other non-patentable matter.