Utility Patent in India
Utility Patent in India
What is a Utility Patent?
In India, what is commonly referred to as a “Utility Patent” internationally is covered under the broad category of “Patent” under Indian patent law.
A Utility Patent essentially protects inventions that are novel, involve an inventive step, and are capable of industrial application.
The focus of a utility patent is on the functional aspects of an invention—how it works or is used.
Key Characteristics of a Utility Patent
Novelty
The invention must be new and not previously disclosed anywhere in the world.
Inventive Step (Non-Obviousness)
The invention should not be obvious to a person skilled in the relevant field.
Industrial Applicability (Utility)
The invention must be capable of being made or used in some kind of industry.
This means it must have practical utility or usefulness.
Difference Between Utility Patent and Design Patent
A utility patent protects the functional and technical features of an invention.
A design patent (under the Designs Act) protects the aesthetic or ornamental appearance of a product.
For example, a water purifier’s technology and working mechanism can be protected under a utility patent, whereas its shape and look may be protected under design rights.
Utility Patent and Subject Matter Exclusions
The invention must not fall under non-patentable categories such as:
Mere discoveries,
Scientific theories,
Methods of agriculture or horticulture,
Mathematical methods,
Business methods per se,
And others as excluded by Indian patent jurisprudence.
Utility patents protect practical inventions with industrial application.
Relevant Case Law
1. Novartis AG v. Union of India (2013) — The Glivec Case
Background: Novartis applied for a patent for a modified cancer drug (Glivec).
Issue: Whether the modified drug demonstrated an inventive step and utility sufficient for patent protection.
Held: The Supreme Court held that the invention did not satisfy the inventive step criterion, rejecting the patent.
Significance:
This case clarifies that utility alone is insufficient; the invention must show a significant inventive step to qualify for patent protection.
2. F. Hoffmann-La Roche Ltd. v. Cipla Ltd.
Issue: Cipla launched a generic version of Roche’s patented medicine.
Held: Roche’s patent was valid as it satisfied novelty, inventive step, and utility.
Significance:
This case reaffirms the criteria for utility patents—emphasizing practical use and innovation.
Process of Obtaining a Utility Patent
File a patent application describing the invention fully.
The application is examined for novelty, inventive step, and industrial applicability.
If requirements are met, a patent is granted giving exclusive rights for 20 years.
The patentee must work the invention within India and pay maintenance fees.
Summary Table
| Aspect | Explanation |
|---|---|
| What it protects | Functional, technical inventions with practical use |
| Criteria | Novelty, Inventive Step, Industrial Applicability |
| Exclusions | Abstract ideas, scientific theories, business methods, etc. |
| Term of protection | 20 years from filing date |
| Key Case | Novartis AG v. Union of India (2013) |
| Focus | Utility, not just appearance |
Conclusion
A utility patent in India protects inventions with practical utility, ensuring innovators can monopolize the commercial benefits of their inventions for a limited time. However, mere utility is not enough; the invention must also be novel and non-obvious to receive patent protection. This framework encourages genuine innovation while balancing public interest.
RELATED Blog
0 comments