What Can Be Patented in India? Complete Guide 2025
Comprehensive guide to patentability criteria in India. Learn what inventions qualify for patent protection, exclusions under Section 3, and expert tips from patent attorneys in Bangalore.
Three Requirements for Patentability in India
Under the Patents Act, 1970, an invention must satisfy three fundamental criteria to be eligible for patent protection in India. Once you understand these requirements, you can proceed with our professional patent filing services to protect your innovation.
The invention must be new and not disclosed anywhere in the world before the filing date. Even your own public disclosure destroys novelty.
The invention must involve a technical advancement or non-obvious improvement that wouldn't be obvious to a person skilled in that field.
The invention must be capable of being made or used in an industry. Purely theoretical or abstract concepts don't qualify.
What CAN Be Patented in India
Machines, devices, tools, mechanical systems and their components.
- • New manufacturing equipment or production machinery
- • Improved mechanical components (gears, bearings, valves)
- • Innovative vehicle parts or engine components
- • Agricultural machinery with novel features
- • Medical devices and surgical instruments
New chemical compounds, compositions, and pharmaceutical products.
- • New chemical compounds with industrial application
- • Pharmaceutical formulations and drug delivery systems
- • Chemical processes for manufacturing
- • Biotechnology products (proteins, antibodies, vaccines)
- • Cosmetic formulations with novel properties
Electronic circuits, devices, and electrical systems.
- • New electronic circuits with technical advantages
- • Semiconductor devices and manufacturing processes
- • IoT devices with novel technical features
- • Communication systems and protocols
- • Power generation and transmission innovations
Computer programs that produce a technical effect or solve a technical problem.
- • Software controlling industrial machinery
- • Image processing algorithms with technical output
- • Computer-aided design improvements
- • Network optimization methods
- • Embedded software with hardware interaction
*Note: Pure software/algorithms "per se" are NOT patentable. The software must have a technical application or effect beyond the algorithm itself.
New or improved methods of manufacturing products.
- • Novel production techniques
- • Improved chemical synthesis methods
- • Energy-efficient manufacturing processes
- • Quality improvement processes
- • Waste reduction or recycling methods
Microorganisms, genes, and biotechnological processes.
- • Genetically modified microorganisms
- • Gene sequences with disclosed function
- • Recombinant DNA technology applications
- • Diagnostic kits and methods
- • Fermentation processes
What CANNOT Be Patented in India
Section 3 and Section 4 of the Patents Act, 1970 clearly define inventions that are NOT patentable in India:
Inventions that are contrary to natural laws, trivial, or obvious to a skilled person. Example: Perpetual motion machines.
Mathematical formulas, algorithms, and mental processes are not patentable.
- • Mathematical equations or theorems
- • Statistical methods
- • Pure algorithms without technical application
Methods of doing business, accounting, or financial management.
- • Business models or strategies
- • Accounting methods
- • Financial planning systems
- • Marketing or sales techniques
Pure software or computer programs without technical contribution.
- • Mobile apps without technical effect
- • Website features or UI designs
- • Business logic in software
- • Database structures
Tip: If your software controls hardware, improves system performance, or solves a technical problem, it may be patentable. Learn how to file a patent application in India for software inventions. Consult a patent attorney in Bangalore for software patentability assessment.
Methods of treatment for humans and animals (surgical, therapeutic, diagnostic).
- • Surgical procedures and techniques
- • Therapy methods
- • Diagnostic procedures on living bodies
Note: Medical devices, pharmaceutical compositions, and diagnostic kits CAN be patented.
Plants, animals, and their parts (except microorganisms).
- • Plant varieties
- • Animal breeds
- • Seeds, biological processes for plant/animal production
Exception: Genetically modified microorganisms can be patented.
Traditional knowledge or aggregation/duplication of known properties of traditionally known components.
Inventions that are contrary to public order, morality, or cause serious harm to humans, animals, or the environment.
Real-World Examples
New filtration mechanism using novel materials → PATENTABLE (mechanical invention)
Software that processes X-rays to detect abnormalities → PATENTABLE (technical application)
New polymer composition → PATENTABLE (chemical invention)
IoT device measuring soil parameters → PATENTABLE (electronic device with technical function)
App connecting customers to restaurants → NOT PATENTABLE (business method)
Physical exercise method → NOT PATENTABLE (method of medical treatment)
Stock prediction formula → NOT PATENTABLE (mathematical method)
User interface layout → NOT PATENTABLE (no technical effect)
Gray Areas & Complex Cases
Software patentability in India is complex. The key test is whether the software goes beyond the algorithm:
- • Improves computer functioning
- • Controls industrial process
- • Has hardware interaction
- • Produces technical effect
- • Pure business logic
- • Data processing alone
- • UI/UX features
- • Content management
AI/ML inventions are patentable if they produce a technical effect beyond the algorithm. Example: ML model optimizing manufacturing process (patentable) vs ML model for ad targeting (not patentable).
How to Assess Your Invention's Patentability
- 1.Check Basic Criteria:
Is it novel, non-obvious, and industrially applicable?
- 2.Verify Not Excluded:
Check against Section 3 exclusions listed above
- 3.Conduct Prior Art Search:
Search patent databases to ensure novelty
- 4.Consult Patent Attorney:
Get professional assessment from patent attorneys in Bangalore for complex inventions
Frequently Asked Questions
No. Ideas alone cannot be patented. You must have a concrete, fully developed invention with technical details explaining how it works. Patents protect implementations, not abstract ideas.
Computer programs "per se" are not patentable. However, software with technical contribution (hardware control, system improvement, technical effect) may be patentable. Consult a patent attorney for assessment.
No. Business methods, financial methods, and accounting systems are explicitly excluded under Section 3(k) of the Patents Act. Even if implemented through software or technology, pure business methods cannot be patented.
Yes. New pharmaceutical compounds, formulations, and drug delivery systems are patentable. However, mere discovery of known substances or new forms without enhanced efficacy may not be patentable.
If your invention combines patentable and non-patentable elements, you can file for the patentable portions. For example, a medical device (patentable) + diagnostic method (not patentable) → patent the device only.
Conduct a patentability search across global patent databases. If your exact invention or similar solutions exist, it may not be novel. Professional patent attorneys in Bangalore can conduct comprehensive novelty searches. Our startup patent filing guide provides cost-effective strategies for early-stage companies.
Need Help Determining Patentability?
Our experienced patent attorneys in Bellandur, Bangalore provide professional patentability assessments and prior art searches.