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blog details: Patentability in India
A patent is an exclusive right granted to the owner of an invention, that allows him to prevent others from making, using, or selling the invention without his consent. An invention must meet certain eligibility criteria that can be determined using the NUNS Test.
• N- Novelty
• U- Utility/ Industrial Applicability
• N- Non-obviousness
• S- Statutory Subject Matter
Novelty means that an invention must be novel or new. It must not be anticipated by any published document in the world.
Utility/ Industrial Applicability
An invention must have utility. This means that it must be capable of being made or used in industry.
Non-Obviousness/ Inventive step
As defined in the Act, an invention must involve an inventive step. This means that it must be capable of adding something to the already existing know-how in the industry.
Statutory Subject Matter
An invention must satisfy the restrictions imposed by the Patent Act. Sections 3 and 4 of the Act provide a list of non-patentable inventions. Any invention that falls within those grounds will not qualify for the patentability criteria.
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