The first step starts with a prior art search which means a thorough search of various patent databases, technical literature and can even include a market survey. This is for determining if the invention is novel and non-obvious on the date of filing the application. If it is not so, then a patent cannot be granted for such an invention.
Patent is a statutory right granted by the respective governments. It gives one the exclusive rights and bars others from making, using, selling and importing product or process, based on the patented invention without one’s prior permission.
For an invention to be patentable, the criteria of patentability are as follows:
I. It should be novel: invention should not have been published or used anywhere in the world before the date of filing the patent application in the patent office.
II. Must involve an inventive step: a feature of invention should involve a technical advancement as compared to existing knowledge or having economic significance or both
III. Capable of industrial application: invention is capable of being made or used in an industry
IV. It should not fall under the categories of inventions that are excluded from patentability under the concerned jurisdiction.