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Patentable and Non patentable inventions

Updated: Sep 25, 2023

Patent law determines the basic general aspects of subject matter, which can be patented and the condition under its specification.

Which inventions or processes are patentable?

An invention must qualify the following basic requirements for its patentability: 1. Novelty - i.e., "original and should be one of its kind" - should not be similar, no-one ever made an invention like this before. 2. Unique - an improvement of a current technology, invention, or process cannot be patented. 3. Useful - should benefit the society, have a useful purpose, anything which doesn't support the usage of illegal products or should not be used to fulfill any immoral purpose. More formally, any individual who "invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent," depending upon the specifications and requirements of the law.

For example, a new drug to treat HIV/AIDS/Cancer/ or any particular disease, a new application or software for smartphones, a new medical device to which can be used to do scans or surgeries, a new and different structure or designs of aeronautical/automobile machines, a new chemical product created using a unique process, etc.

Which inventions are not patentable?

Patent laws have certain limits and specifications regarding the patentability, these laws define "Subject Matter", which can be patented and which "subject Matter" aren't patentable. Under which it is stated that "laws of Nature, physical phenomenon, and abstract ideas, mere ideas and suggestions of subject matter, machine, inventions are not patentable"

Invention and discoveries like "Theory of Relativity", "Newton Laws" and "Theory of Gravity" do not qualify for this.
Because no one can obtain a patent on any scientific principle, discoveries or law of nature.

"Method of Agriculture/horticulture" "Process which requires treatment of human beings/animals, medicinal process, surgical process, curative process, treatment of plants is not patentable". Discovery of any matter or any particular thing which can be used as atomic energy or in nuclear weapons is also not patentable. Any discovery involving inventive ideas, machines, apparatus or process is also not patentable in most of the countries.

For example, a mathematical formula, a fundamental principle, a discovery, method of playing a game/sport/mental act/computer program/ strategies of a business, surgical process or therapeutic methods of treatment cannot be patented.


To know more about patent and its types, validity, eligibility click on the link below!!!!!

Note: This information has been taken from the list of different countries and is not intended as legal advice. This will give you a general idea about what exactly a patent is. We recommend you to consult a lawyer if you want legal advice for your particular situation.

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