Patent protection is territorial right and therefore it is effective only within the territory of India. Therefore, separate patents should be obtained in each country where the applicant requires protection of his invention in those countries. There is no patent valid worldwide.

An invention must meet the following three criteria to be eligible for grant of patent:

Novelty

Inventiveness (Non-obviousness)

Usefulness

WHAT IS NOT PATENTABLE

An invention which is frivolous or which claims anything obviously contrary to well established natural laws e.g. different types of perpetual motion machines.

An invention, the primary or intended use of which would be contrary to law or morality or injurious to public health e.g. a process for the preparation of a beverage which involves use of a carcinogenic substance, although the beverage may have higher nourishment value.

The mere discovery of scientific principle or formulation of an abstract theory. e.g. Raman effect

The mere discovery of any new property or mere new use of known substance or the use of such known process, machine or apparatus; unless such known use results in a new product or employs at least one new reactant.