A creation becomes eligible for patent protection when it fulfills the subsequent requirements:

• It must possess originality.

• It must display a level of inventiveness or remain not readily apparent.

• It should be feasible for practical industrial use.

• It should not fall under the stipulations outlined in sections 3 and 4 of the Patents Act 1970.

What can be patented?
An invention, whether it’s a product or process, and is characterized by novelty, inventive merit, and suitability for industrial application, qualifies for patent protection.

Which innovations are ineligible for patents?
The following do not meet the definition of inventions according to this Act:

• An invention that is trivial or asserts something clearly at odds with well-established natural laws.

• An invention whose principal, intended usage, or commercial exploitation could contradict public order or morality or result in severe harm to humans, animals, plant life, health, or the environment.

• The mere revelation of a scientific principle, the formulation of an abstract theory, or the discovery of any living or non-living natural substance.

• The mere discovery of a new form of a known substance that does not enhance the substance's established efficacy, the mere discovery of a new property or application for a known substance, or the mere utilization of a known process, machine, or apparatus unless such a known process yields a new product or utilizes at least one new reactant.

Note: For this provision, salts, esters, ethers, polymorphs, metabolites, pure forms, particle sizes, isomers, mixtures of isomers, complexes, combinations, and other derivatives of a known substance are considered identical unless they substantially differ in terms of efficacy.

• A substance obtained solely through a mixture that merely aggregates the properties of its components or a method for generating such a substance.

• A mere arrangement, rearrangement, or duplication of known devices, each of which operates independently in a recognized manner.

• Methods of agriculture or horticulture.

• Any process related to the medical, surgical, curative, prophylactic, diagnostic, therapeutic, or other treatment of humans or similar treatment of animals, intended to make them disease-free or enhance their economic value or that of their products.

• Plants and animals, whole or in part, except microorganisms, including seeds, varieties, species, and fundamentally biological processes for the production or propagation of plants and animals.

• Mathematical or business methods, computer programs in isolation, or algorithms.

• Literary, dramatic, musical, or artistic works, as well as any other aesthetic creations, such as cinematographic works and television productions.

• A mere scheme, rule, or method for performing mental acts or playing games.

• A presentation of information.

• The topography of integrated circuits.

• An invention that, in essence, represents traditional knowledge or is an amalgamation or replication of known attributes of traditionally recognized components.

The process for obtaining a patent in India:

• To secure a patent in India, you have the option to submit a patent application to the Indian Patent Office, either with a provisional specification or a complete specification.

• If you choose to file with a provisional specification, it's crucial to file the complete specification within 12 months from the date of the provisional application's submission.

• Please note that no extensions are available for filing the complete specification after this 12-month period.

Additionally, you can also submit patent applications conveniently through the comprehensive online filing system, accessible at: https://ipindiaonline.gov.in/epatentfiling/goForLogin/doLogin.