Introduction
Intellectual property protection is an integral part of every country’s technological progress and economic growth. With India rapidly establishing itself as an innovation hub, businesses across the country are focused on developing products and processes that address distinct consumer demands. Patents play a key role in protecting such innovations.
The term ‘utility patents’ is widely used in most countries, particularly the United States. In India, however, utility patents are simply referred to as “patents.” They cover the functional aspects of inventions but differ in terminology. In this article, we will take a closer look at utility patents, their prerequisites, and the way they work under India’s intellectual property framework.
What are Utility Patents
Utility patents guard the functional elements of an invention, which is the reason for the term “utility.” In India, patents are issued for an invention or discovery of a new and useful process, machine, composition of matter, or a new and useful improvement thereof. A patent lets the inventor prevent others from copying, making, using, or selling the invention for a period of up to 20 years from the date of filing of the patent application.
The Indian Patents Act does not distinguish between various classes of patents based on utility or design. Rather, it has distinct legislation: the Patents Act, 1970 (amended), for inventions having functional purpose, and the Designs Act, 2000, for safeguarding the visual features of products. When individuals refer to “utility patents” in Indian context, they are merely talking of patents issued under the Patents Act.
Legal Framework in India
The patent system in India is controlled by the Patents Act, 1970, which has seen major amendments to keep pace with global standards, especially after India joined the TRIPS Agreement as a signatory country in 2005. The legal provisions that control patents in India are:
- The Patents Act, 1970: The main act, which was amended in 1999, 2002, and 2005 to bring it into compliance with TRIPS
- The Patents Rules, 2003: Rules of procedure for patent applications, examination, and other matters
- The Patent Office Guidelines: Guidelines of administration for patent examiners
India has a “first-to-file” approach, where the first to file a patent application shall usually be awarded the patent, provided all the patentability criteria are fulfilled.
Patentability Requirements
For an invention to be patentable in India, it must satisfy three patentability criteria:
- Novelty: The invention must be new and original. It should not be published or publicly known anywhere in the world before the filing date. Any disclosure (even by the inventors themselves) can make it non-patentable.
- Inventive Step: The invention must involve an inventive step that would never occur to an ordinary person having skills in the specific technical domain. It must show some technical advancement compared to existing knowledge or have economic significance.
- Industrial Applicability: The invention must be capable of being made or used in industry. It must have practical utility and should not be merely theoretical.
These requirements are evaluated during the examination of a patent application and must be supported by the description, claims, and drawings provided in the application.
Utility Patents vs. Design Patents
Utility patents are generally discussed in comparison to Design patents as they both protect different aspects of innovation. As previously discussed, a utility patent protects functional aspect of an invention, while design patents protect how something looks rather than how it functions. Unlike utility patents, which is granted for 20 years, design patents in India are granted for 10 years and can be extended for an additional 5 years.
| Aspect | Design Patent | Utility Patent |
| What it protects | Visual features | Functional features |
| Examination | Primarily novelty | Novelty, inventive step and industrial applicability |
| Examples | Unique furniture shape, smartphone appearance | Modified tool mechanism, improved device function |
Conclusion
India today runs a single‑tier patent system. That framework has delivered record grant numbers while preserving access to medicines, yet it leaves a gap for genuinely useful but modest technical tweaks. Whether to fill that gap with a utility patent system remains an open policy question. For now, inventors must navigate the tools that exist, while keeping an eye on a debate that, like incremental innovation itself, refuses to disappear.
While India considers the utility patent system, innovators with incremental improvements can still seek protection through available channels. IPexcel’s IIT‑ and IIM‑trained techno‑legal experts deliver one‑stop, concept‑to‑commercialization support from quick prior‑art searches and drafting to global filing, licensing and valuation. So that you can secure, launch and monetize your innovation without the usual complexity.
