What a patent actually protects, in plain terms.

What is a patent

A patent is a legal right granted by the government that lets an inventor stop others from making, using, selling, or importing their invention without permission, for a limited period. In exchange for that right, the invention is disclosed publicly — the bargain at the heart of the patent system is protection in return for disclosure.

In India, patents are governed by the Patents Act, 1970, and administered by the Indian Patent Office. A granted patent is a right to exclude others, not an automatic right to practise the invention yourself — you may still need regulatory approval or other clearances depending on the field.

Patentability criteria

To be patentable, an invention generally needs to satisfy three conditions:

• Novelty — the invention must not already exist in the "prior art": anything publicly known, used, or published anywhere in the world before the filing date.
• Inventive step — the invention must not be obvious to someone skilled in the relevant field, based on what's already known.
• Industrial applicability — the invention must be capable of being made or used in some kind of industry.

What generally can't be patented

Section 3 of the Patents Act sets out categories excluded from patentability in India, even if they're novel. Common examples include:

• Discoveries of scientific principles or abstract theories, on their own
• Mathematical or business methods, and computer programs "per se"
• Mere schemes, rules, or methods of performing mental acts
• Methods of agriculture or horticulture, and certain methods of medical treatment

Many of these exclusions have important exceptions and nuances — for example, software tied to a specific technical effect or hardware implementation can still be patentable in practice. This is exactly the kind of judgment call worth getting a professional read on before assuming an idea is or isn't eligible.

The filing process, broadly

A typical path from filing to grant looks roughly like this:

• Provisional or complete specification filed — a provisional specification secures an early filing date while the invention is finalised; a complete specification must follow within 12 months.
• Publication — applications are typically published 18 months after filing, making them publicly visible.
• Request for examination — examination doesn't happen automatically; a request must be filed, after which the application is examined against prior art.
• Examination report & response — the examiner raises objections in a First Examination Report; the applicant responds, sometimes over multiple rounds.
• Grant or opposition — once objections are resolved, the patent proceeds to grant, subject to any pre-grant or post-grant opposition.

Duration & rights

A patent in India lasts for 20 years from the filing date, subject to renewal fees being paid each year. Once granted, the patent holder can license, assign, or enforce the patent against infringement — but the right only extends to the jurisdictions where it's actually been filed and granted, which is why founders planning to sell internationally often need to think about foreign filing strategy early.