What exactly are patents?
An invention is a novel idea, which permits in practice the solution to a specific problem in technology. It provides for something that did not exist before, which is different from a discovery of something that existed in nature, but was not known. An improvement of an invention may itself be an invention. 
A patent is a form of protection or a negative grant by the government to the owner of the invention, which prevents others from using the invention for commercial gain. 
As you'd probably know, it can be for processes or products, and is for 15-20 years. Importantly, it has territorial limitations: a patent issued in a country covers what is made, used or sold in that country. 

Are all inventions patentable?
No. To be patentable an invention must satisfy certain definite criteria. first of all it must qualify as an invention according to the law of the concerned country. It must be novel. It must be non-obvious, which means it involve an inventive step. It must be useful, that is, capable of industrial application. It must not fall within any of the categories specifically excluded by national law. 
A term you'll come across is prior art. An invention should clearly not be part of prior art or state of the art, which means simply that it must not be known before the date of filing of the application.

What categories do our laws exclude?
The 1970 Patents Act defines what are not inventions. Among others, these include `inventions' which are frivolous, which are contradictory to established nature law, those which are contrary to law or morality / injurious to public health and discoveries of a scientific principle or the formulation of abstract theory. 
Also out are, a mere discovery of any new use for a known substance or the mere use of known process or machine. Unless such known process results in a new product or employs at least one new reactant, methods for agriculture or horticulture and any process for treatment of human beings, plants or animals to render them free of disease or to enhance their economic value. Inventions relating to atomic energy are not patentable. As per the 1970 law, food, medicines and drugs including substances obtained by chemical processes were granted only process and not product patent. 
As per amendments, this changes, with the law recognizing product patents in addition to process patents.

How is a patent protected internationally?
There are two treaties, both of which have been signed by India, which are important in this regard, the Paris Convention and the Patent Co-operation Treaty. 
The Paris Convention for the Protection of Property contains the rules for protecting an invention internationally, an important provision of which is the national treatment principle. This says that in all member states, national applicants and applicants from other Paris Union member states have the same rights. 
Another important point is the right of priority, which means that the date of an application in one member-state is taken into account in all member states, if the subsequent applications are filed within 12 months from the first filing. Under the Patent Co-operation Treaty it is possible to file a single international patent application which has equivalent effect in all states designated in the application 

What is patenting like in the US?
The US typically tends to allow broader patent claims than other countries. For example, patents are now being granted for ideas, concepts, biotech products, new business methods, mathematical algorithms and e-commerce products. 
Genetically altered life forms have been patented, for example, a bacterium genetically tailored to digest oil slicks. Adapted from interactive session on Indian Patent Law: Approaches/ BCCI, Assocham, IMC and the ministry of industry
(Courtesy: Economic Times, India)

For frequently asked questions on patenting in India, please visit www.indianpatents.org and www.delhi.nic.in, maintained by 'Technology Information Forecasting and assessment council' and 'National Informatics Center' respectively

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