A patent is the protector of the creations of the mind which are of scientific nature. It is an exclusive right given to the inventor by the Government for an invention. This right allows an inventor to exclude others to make, sell, use, or distribute an invention. The primary motive behind the introduction of patent law is to encourage inventors to add more value to their field. The enforcement of a patent ensures the protection of the inventor’s intellectual property rights. Patents prevent theft, ensure exclusivity, help in commercialization, and add money value to the invention.

1. Basics of Patent Law
12 May, 2023
Introduction
A patent is the protector of the creations of the mind which are of scientific nature. It is an
exclusive right given to the inventor by the Government for an invention. This right allows an
inventor to exclude others to make, sell, use, or distribute an invention. The primary motive
behind the introduction of patent law is to encourage inventors to add more value to their field.
The enforcement of a patent ensures the protection of the inventor’s intellectual property rights.
Patents prevent theft, ensure exclusivity, help in commercialization, and add money value to the
invention.
History of Patent Laws in India
In India, the first step of the patent law or first piece of law related to patent was Act VI of 1856
on protection of inventions based on the 1852 British patent law. In 1859, fresh legislation was
enacted to grant ‘exclusive privileges’ as Act XV of 1859. Various specific modifications were
imposed as well as this Act excluded importer from the definition of inventor. Further, the Act
was amended in 1872 (The Patents & Designs Protection Act), 1883 (The Protection of

2. Inventions Act), and 1888 (Consolidates as the Inventions and Designs Act). In 1911, all previous
acts were repealed with the enactment of the Indian Patent and Design Act of 1911. Further this
Act was replaced by the Patents Act 1970, along with the Patent Rules 1972. The Patents Act,
1970 was amended by the Patents (Amendment) Act, 2005 which introduces the grant of
compulsory licenses and extended product patents in various technological areas such as
medicine, microorganisms, chemicals, and food.
Patentability of an Invention
In India, there are various things that can be patented followed by certain which are required to
be fulfilled for obtaining a patent. Sections 3 and 4 of the Indian Patent Act, 1970, illustrate a list
of non-patentable subject matter. A patent subject matter is the most important consideration
that ensures whether the invention is patentable or not. Innovativeness (novelty), inventiveness,
and capacity for industrialization application are the key factors that decide whether the subject
matter is patentable.
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