What Can and Cannot Be Patented in India

Patent registration is not just about having a new idea.

It is about whether the law allows that idea to be protected.

Many applicants start the process without fully understanding what can be patented in India and what the Patent Act clearly excludes. This often leads to objections, refusals, or wasted time and cost.

This guide explains the scope of patent registration in India in simple terms. It covers both sides what qualifies for protection and what cannot be patented in India – with practical clarity.

Understanding Patent Registration in India

Patent registration in India is a legal process, not a formality. It is governed by the Indian Patent Act, 1970, and every application is examined before any rights are granted. This examination decides whether the invention fits within the limits set by the law.

At a minimum, an invention is expected to meet three conditions:

• It should be new and not already known
• It should show a technical improvement or practical value
• It should be capable of being used in an industry

Even when these conditions are met, the process does not end there. Indian patent law also lists specific exclusions. Some ideas are not allowed to be patented, no matter how unique they appear on paper.

This is why patent registration involves understanding both eligibility and restrictions. Knowing these basics early helps applicants assess what can be patented in India and avoid filing inventions that fall under non patentable inventions in India.

The patent registration process may seem strict, but it exists for a reason. When an invention meets legal requirements, the protection it receives can offer real value over time. To understand this better, read our guide on the advantages of patent.

What Can Be Patented in India

Indian patent law defines patentable inventions mainly under Section 2 of the Indian Patent Act, 1970. It explains what qualifies as an “invention” and sets the basic requirements. Section 3 then lists what is excluded, which indirectly helps clarify what is allowed when those exclusions do not apply.

In simple terms, an invention can be patented if it offers a technical solution and falls outside the restricted categories.

1. Products with Technical Innovation

New products that show a clear technical advancement can be patented. The improvement should not be obvious to someone skilled in the field.

Examples include:

• mechanical devices
• electronic components
• tools or equipment with improved functionality

2. Processes and Manufacturing Methods

A new or improved process can qualify for patent protection if it produces a technical result.

This includes:

• manufacturing processes
• industrial methods
• chemical or mechanical processes

3. Chemical and Pharmaceutical Inventions

Chemical compositions and pharmaceutical products can be patented if they meet patentability criteria.

These may include:

• new chemical compounds
• pharmaceutical formulations
• compositions showing enhanced efficacy

4. Biotechnological Inventions (With Conditions)

Certain biotechnology-related inventions are patentable when they involve human intervention and have industrial application.

Examples:

• genetically modified microorganisms
• biotechnological processes used in industry

Naturally occurring substances, however, are not patentable.

5. Apparatus, Devices, and Systems

New machines or systems designed to perform a technical function can be patented.

This covers:

• industrial machines
• technical systems
• hardware-based innovations

6. Improvements to Existing Products or Processes

An invention does not need to be entirely new. A significant technical improvement over an existing product or process may also qualify.

The improvement must be:

• novel
• non-obvious
• technically meaningful

7. Software with Technical Application

Software can be patented only when it is linked to a technical effect or works in combination with hardware. Software “as such” is excluded, but practical technical implementation may be allowed.

What Cannot Be Patented in India

The Indian Patent Act, 1970 clearly defines non-patentable subject matter under Section 3 and Section 4. These provisions exclude inventions that do not qualify as inventions in the legal sense, even if they appear new or useful.

Understanding these exclusions helps avoid rejection at the examination stage.

1. Discoveries and Natural Phenomena

A discovery is not the same as an invention.

This includes:

• Discoveries of scientific principles
• Laws of nature
• Naturally occurring substances

2. Abstract Ideas, Theories, and Mental Acts

Ideas without technical or practical application are excluded.

Examples:

• Mathematical methods
• Scientific theories
• Mental acts or purely intellectual processes

3. Computer Programs and Algorithms (As Such)

Standalone software is not patentable in India.

This covers:

• Computer programs without technical effect
• Algorithms on their own
• Code not linked to hardware or a technical system

4. Business Methods and Commercial Schemes

Methods related to business or trade are excluded.

Examples:

• Business models
• Financial methods
• Marketing or pricing strategies

5. Methods of Medical Treatment

Any method used to treat humans or animals cannot be patented.

This includes:

• Surgical methods
• Therapeutic treatments
• Diagnostic methods

Medical devices may still be patented if they meet technical criteria.

6. Plants, Animals, and Biological Processes

Plants and animals, in whole or in part, are excluded.

Also excluded:

• Biological processes for producing plants or animals
• Traditional breeding methods

Microorganisms may be patentable under limited conditions.

7. Traditional Knowledge

Inventions based on traditional or indigenous knowledge are not patentable.

Examples:

• Known herbal remedies
• Practices passed down through generations

8. Mere Admixtures and Minor Modifications

Simple combinations without technical improvement are excluded.

This includes:

• Mere admixtures
• Aggregation of known properties
• Simple rearrangement of known devices

9. Presentation of Information

The way information is presented is not considered an invention.

Examples:

• Charts
• Tables
• Formats or layouts of information

10. Frivolous or Obviously Non-Functional Inventions

Inventions that lack real utility or defy established laws are excluded.

Examples:

• Inventions that do not work
• Claims based on impossible results

11. Inventions Against Public Order or Morality

Inventions harmful to society or public interest cannot be patented.

This includes:

• Inventions promoting illegal activity
• Inventions harmful to life or environment

12. Atomic Energy–Related Inventions (Section 4)

Inventions relating to atomic energy are strictly excluded.

These are governed separately and cannot be patented under any circumstance in India.

Why Understanding Patentability Matters

Many applications fail because they do not meet legal standards, even when the idea has value. Lack of clarity on patentability often leads to objections during examination.

Knowing what can be patented in India helps applicants prepare better claims and choose the right scope of protection. It also reduces the chances of filing inventions that fall under restricted categories.

Clear understanding at an early stage can:

• Save time during examination
• Reduce unnecessary costs
• Improve approval chances

It also allows inventors and businesses to plan their patent registration strategy more effectively instead of relying on assumptions.

Once you’re clear on what the law allows and what it doesn’t, attention naturally turns to registration. Patent filing has its own process, and being familiar with it early makes the rest easier. To understand this step better, read our guide on how to register intellectual property.

Conclusion

Patent protection goes beyond submitting an application. It begins with understanding whether an invention qualifies under Indian patent law. Clear knowledge of what can and cannot be patented helps reduce rejection risks and keeps the process on track. If you are planning to file Permanent Patent, early legal clarity is essential. LegalWiz assists inventors and businesses through each stage from assessing patentability to filing and follow-up so your innovation is protected properly and without avoidable delays.