Patent is a kind of intellectual property that grants some amount of legal rights to the owner of an intellectual property. It is essentially a license which grants the inventor of a certain idea exclusive rights over the invention. Patents could be from either the process or for a particular product and are granted over a certain time period. However, the manner in which patents and their rights are granted, differs from country to country. Each country has its own policies in place to ensure that there is a protection of intellectual property and people’s ideas and inventions are being protected. The laws within which they are protected are known as Patent Laws. Every country has a set of rules and only if an idea or invention falls within those set guidelines can that idea be patented and protected.
In India, ideas can be patented under the Section 10 of the Patent Act of India, provided it meets certain specific criteria. One of the most important specifications that must be met is that the invention must have practicability. Moreover, the idea should have the potential to be changed into a full-scale invention, without which, one cannot apply for a provisional application. For the reason of a mandate disclosure of best mode of performance of invention to be mentioned in the complete application, the idea can be described and filed for patent through provisional application and subsequently one can work a way out with a technique for its performance, within 12 months of filing provisional application and then the complete application may be filed. However, it is to be noted that on failure of filing a complete application within the stipulated period, the provisional application may be rejected and be held invalid on the grounds of insufficient description of the invention or the method.
While inventions can be patented in India, there are some inventions, which under the Patent Act of India, cannot be granted a patent. Section 3 and 4 of the Act, clearly mention what inventions cannot be granted the patent even if they fulfil a lot of the criteria. These include: