Understanding “Novelty”, “Inventive Step” and “Industrial Applicability” in Indian Patent Law: A Simple Guide for Inventors

If you’re an inventor, startup founder, or entrepreneur in India, chances are you’ve heard that to get a patent, your idea must be Novel, involve an Inventive step, and have Industrial Applicability.

But what do these legal terms really mean? Let’s break them down in simple language, with practical examples, so you know where you stand before filing a patent.

1. What is Novelty?

Think of novelty as “newness”.

• Your invention must not have been disclosed anywhere in the world before your filing date — not in a published paper, a product brochure, a YouTube video, or even your own blog post.

• If it exists in the “prior art” (all knowledge made public before you), it cannot be called novel.

👉 Example:
If you design a phone with a foldable screen in 2025, but Samsung already launched one in 2020, your design is not novel.

✅ Tip: Always conduct a patent search before filing to check if your invention is truly new.

2. What is Inventive Step?

Even if your invention is new, it must also involve some creative/inventive leap that would not be obvious to a skilled person in the field.

• The law asks: “If a person working in this industry saw the existing knowledge, would your idea be an obvious next step, or does it involve real ingenuity?”

• Small tweaks or routine improvements often fail this test.

👉 Example:

• Adding wheels to a suitcase in the 1970s = Inventive step (simple but not obvious at the time).

• Changing the color of a suitcase from black to blue = Not inventive (too obvious).

✅ Tip: Highlight technical advantages in your patent application (e.g., faster, safer, cheaper, more efficient). This strengthens your inventive step argument.

3. What is Industrial Applicability?

This simply means your invention must be useful in some kind of industry — whether that’s manufacturing, healthcare, IT, agriculture, or any other sector.

• Your invention must be practical and functional, not just a theoretical idea.

• Purely abstract theories, mathematical methods, or artistic creations cannot be patented.

👉 Example:

• A new type of water filter that removes arsenic from groundwater = Industrially applicable.

• A philosophical theory about “how to live a happy life” = Not applicable.

✅ Tip: Always explain how your invention can be applied in real-world industries when filing.

Putting It All Together

For your invention to be patentable in India, it must be:

• Novel → Nobody has done it before.

• Inventive → It’s not an obvious tweak, but a real innovation.

• Industrially applicable → It works and can be used in practice.

If you miss even one of these, your patent may be refused.

Final Thoughts

Many brilliant ideas fail the patent test simply because inventors misunderstand these three requirements. By thinking about novelty, inventive step, and industrial applicability early on, you can save time, money, and disappointment.

👉 If you’re unsure whether your idea qualifies, consider getting a professional patentability search and opinion before you file. It’s a smart first step for every inventor.