What Can Be Patented and What Cannot Be Patented?

 






When we hear the word patent, we usually think about inventions and new ideas. A patent is basically a special right given by the Government to an inventor for a limited time (generally 20 years). It gives the inventor the right to stop others from making, using, or selling the invention without permission.

But not everything can be patented. Let’s understand this in very simple language.

                           

✅ What Can Be Patented?

An invention can be patented if it meets three key conditions:

  1. New – It should be something that has never been made or used before.

  2. Useful – It should have some practical use or solve a problem.

  3. Inventive – It should not be obvious to a person skilled in that field.

Examples of things that can be patented:

  • A new machine (for example, a new type of washing machine).

  • A new process or method (for example, a new way of making plastic that is cheaper and eco-friendly).

  • A new product (for example, a new medicine or chemical formula).

  • A new design of a tool or gadget which works differently from existing ones.

❌ What Cannot Be Patented?

Indian law clearly lists out things that cannot be patented. These include:

  1. Ideas or theories – Just a thought, formula, or principle without practical use cannot be patented.

    • Example: The idea of "flying cars" cannot be patented, but an actual working model of a flying car can be.

  2. Discoveries of natural things – If you discover a new plant, animal, or natural substance, it cannot be patented.

    • Example: Discovering a new mineral from the earth is not patentable.

  3. Mathematical methods or computer programs by themselves – You cannot patent a math formula or simple software code.

    • But if the software has a unique technical application, it may be considered.

  4. Art, music, or literary works – These are protected by copyright, not patents.

  5. Traditional knowledge – Anything that is already known in society cannot be patented.

    • Example: Using turmeric for healing wounds is traditional knowledge, so it cannot be patented.

  6. Methods of agriculture, medical treatment, or surgery – You cannot patent how to perform a surgery or how to grow crops.

  7. Things against public order or morality – Anything harmful, illegal, or against public interest cannot be patented.

 v                                          

🎯 Simple Way to Remember

  • If it is new, useful, and inventive, it can usually be patented.

  • If it is just an idea, natural thing, or already known, it cannot be patented.

✍️ Closing Thoughts

Patents are powerful tools to protect innovation. They encourage inventors to bring new ideas into reality by giving them exclusive rights. But the law also makes sure that patents are not misused for things that should belong to everyone.

Author:.
CS Ashwini Gupta
+91 8600629115


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