Novelty: Indian patentability standards

Key Takeaways:

• Novelty is a fundamental requirement for obtaining a patent under the Indian Patent Act
• India and the principle of absolute novelty and anticipation test
• Assessing novelty involves evaluating the claims made in a patent application in light of the prior art. 
• Prior art searches are essential to determine the novelty of an invention.

Introduction:

The idea of novelty as it pertains to patent law contains the idea that only really novel ideas should be granted a patent. In order for an invention to be patentable, it must somehow differ from all published works, known processes, and commercial goods. Novelty is defined as "new compared to prior art." The innovation must not be open to the public when the patent application is submitted. Discovering something that no one else has discovered is what we call an invention. A patent is an exchange of value. As a result, the patentee gains a monopoly over his innovation.

In the field of intellectual property, patents are essential for promoting innovation and motivating inventors to disseminate their discoveries to a wider audience. The Patent Act of 1970 controls the issuance and defense of patents in India. Novelty is one of the basic criteria for receiving a patent. The term "novelty" describes how fresh or creative an invention is. In this article, we will analyze the Indian Patent Act's definition of novelty, its significance, and the standards that are utilized to judge innovation.

Law:

The Indian Patents Act of 1970 ("the Act"), which defines "new invention" as any invention or technology that has not been used in the country or anywhere else in the world before the date of the filing of the application with complete specification, i.e. the subject matter has not fallen in any prior art, is used to determine whether an invention is a "new invention" (possesses novelty) in India.

The Indian Supreme Court stated in Bishwanath Prasas Rradhe Shyam v. Hindustan Metal Industries (PTC (suppl) (1) 731 (SC)) that 

• the goal of patent law is to promote new scientific and technological advancements as well as industrial progress. The disclosure of the invention to the Patent Office, which becomes public domain following the end of the predetermined monopoly period, is the cost of the monopoly grant.
• The fundamental tenet of patent law is that only unique and useful inventions are eligible for patent protection. A patent must be the inventor's original discovery in order to be valid, rather than merely a confirmation of what was already known at the time the patent was filed.
• An improvement on an existing idea or a combination of ideas that have already been discovered must be more than just a minor improvement in order to qualify for patent protection. It must also independently pass the test of invention or inventive step. It must result in a new outcome, new article, better article, or item at a lower cost than previously. The novel material must include "invention".

Anticipation Test:

There are two ways to anticipate a claim. First, the claim is anticipated if the previous art refers to something that is covered by it, presuming that the description is enabling. In this situation, there is no need to conduct any experiments or provide evidence of what would have occurred if the prior art had been used because it already outlines its intended results. Due to the possibility that the previous art may be written in technical language that differs from that used in the invention, expert testimony may be required to clarify the terminology utilized.

The patentee may determine that, in addition to amending his claims, the only other method to avoid anticipation is to show that, notwithstanding its disclosure, the previous art is not enabling. He can accomplish this by demonstrating that the described results could not be realized in light of the disclosure. Such evidence would be backed up by expert testimony and, in some situations, experimentation.

The threshold for absolute uniqueness, which is upheld in India, is established by both Section 2(l) and Section 13 of the Act.  Section 13 states that in order for an invention or claim to pass the test for absolute uniqueness, it cannot be anticipated by: 

Prior Publishing in India and Other Countries (Sections 13(a) and 13(2)) Prior Claims in India (Section 13(1)(b)). 

The Indian Patent Act's definition of anticipation is unfavorable.6 This is so because the law establishes exceptions to the anticipation of an invention or a claim but does not define anticipation. 

If the conditions are similar to those listed in sections 29 to 33 of the Act, Section 34 of the Act discusses the exceptions to anticipation.

A comparison between the invention, in any of its manifestations, and the object that is revealed by either (a) earlier publication or (b) publicly known/use is necessary to determine novelty.

Exceptions to the Novelty Requirement:

The Indian Patent Act stipulates a few exclusions to the novelty stipulation. According to Section 29 of the Act, if an invention has been disclosed during the twelve months prior to the filing date by:

• The creator or someone who inherited the invention from the creator.
• A government-organized display.
• A government-approved official or an exhibition that has received official government recognition.

Conclusion:

When deciding whether or not an invention will be patentable, one of the key factors taken into consideration is novelty. We can also see the parallels and differences between patent laws practiced in India, the United States, and the United Kingdom. Additionally, we can observe in India that a product cannot be patented just because a known substance has taken on a new shape or because a previously unknown use for a known substance has been found. An invention must pass the three patentability requirements of novelty, industrial applicability, and inventive step in order to be considered patentable.

The Act makes sure that patents are only issued to truly inventive inventions by highlighting the novelty and originality of a given innovation. Steps in the patent application procedure that are crucial to success include comprehending the idea of novelty, carefully evaluating it, and carrying out exhaustive prior art searches. Maintaining the requirements for uniqueness in patent awarding fosters creativity, accelerates technical development, and safeguards inventors' rights in India.