Patent and Types of Inventions Protected by a Patent
1. Introduction to Patents
A patent is an exclusive legal right granted to an inventor for a new and useful invention. It gives the inventor the right to exclude others from making, using, selling, or distributing the invention without permission for a limited period, usually 20 years from the filing date.
Patents promote innovation and economic growth by rewarding inventors and encouraging technological advancements.
2. Types of Inventions Protected by a Patent
2.1 Utility Patents (Functional Inventions)
✔ Protects new processes, machines, compositions of matter, or improvements.
✔ Covers how an invention works rather than its design.
✔ Most common type of patent.
Examples:
- Pharmaceutical drugs (e.g., COVID-19 vaccines).
- Technological devices (e.g., smartphones, microprocessors).
- Manufacturing processes (e.g., steel-making techniques).
2.2 Design Patents (Aesthetic Inventions)
✔ Protects the visual design, shape, or appearance of an object.
✔ Does not cover functionality—only ornamental aspects.
✔ Valid for 15 years in the U.S. and 10 years in India.
Examples:
- iPhone design (Apple’s rounded-edge smartphone).
- Car designs (Tesla’s aerodynamic shape).
- Furniture and fashion designs.
2.3 Plant Patents (Biological Inventions)
✔ Protects new, genetically modified plant varieties.
✔ The plant must be asexually reproduced (e.g., by grafting, not seeds).
✔ Valid for 20 years from filing.
Examples:
- Genetically modified crops (e.g., BT Cotton, pest-resistant plants).
- New rose or orchid varieties.
3. Criteria for Patentability
To qualify for a patent, an invention must meet the following criteria:
| Criteria | Description |
|---|---|
| Novelty (Newness) | The invention must be new and not publicly known before the patent application. |
| Inventive Step (Non-Obviousness) | The invention must be a significant improvement over existing technologies. |
| Industrial Applicability (Usefulness) | It must be capable of being used in an industry and provide a practical benefit. |
4. What Cannot Be Patented?
According to Indian Patent Law (Section 3 of the Patents Act, 1970) and international standards, the following are not patentable:
❌ Scientific theories & mathematical formulas (e.g., E=mc²).
❌ Laws of nature (e.g., gravity, photosynthesis).
❌ Abstract ideas & algorithms (unless tied to a machine or process).
❌ Medical procedures or surgical techniques.
❌ Traditional knowledge (e.g., turmeric’s healing properties).
❌ Inventions harmful to public health or morality (e.g., biological weapons).
5. Conclusion
Patents protect new and useful inventions, encouraging technological advancements and economic growth. Different types of patents cover functional innovations (utility patents), design innovations (design patents), and biological inventions (plant patents). However, laws restrict scientific theories, natural discoveries, and unethical inventions from patent protection. A strong patent system balances innovation incentives with public interest.