Requisites of Patentability

Under Section 21 of the Intellectual Property Code, patentable invention refers to any technical solution of a problem in any field of human activity which is new, involves an inventive step and is industrially applicable shall be patentable. It may be, or may relate to, a product, or process, or an improvement of any of the foregoing.

The following are the requisites of patentability:

1. Any technical solution to a problem in any field of human activity;[1]

2. Inventive step, where an invention having regard to a prior art, it is not obvious to a person skilled in the art at the time of the filing date or priority date of the application claiming the invention;[2]

3. Novelty, where an invention shall be considered new if it does not form part of a prior art;[3]

4. Industrial applicability, where an invention can be produced and used in any industry;[4] and

5. Patentable subject matter, where an invention does not fall under the prohibitions provided under Section 22 of the IPC.

[1] Section 21, Intellectual Property Code.

[2] Section 26.1, Intellectual Property Code.

[3] Section 23, Intellectual Property Code.

[4] Section 27, Intellectual Property Code.

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