Question:
Which of the following is NOT an essential condition for grant of Patent?
Which of the following is NOT an essential condition for grant of Patent?
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Confusing the requirements for different IP regimes (Patents, Trademarks, and Copyrights) is a common error; always remember that Patents are for technical inventions.
Updated On: Jun 5, 2026
- Novelty
- Utility
- Non-obviousness
- Distinctiveness
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The Correct Option is D
Solution and Explanation
Concept:
To obtain a patent, an invention must meet strict legal criteria. If it fails to meet any of the core requirements mandated by the Patent Act, the patent will be denied.
Step 1: Reviewing patentability criteria.
-
Novelty: The invention must be new and not known to the public prior to the filing date.
-
Utility (Industrial Application): The invention must be capable of industrial application or use.
-
Non-obviousness (Inventive Step): The invention must not be obvious to a person skilled in the specific field.
Step 2: Analyzing 'Distinctiveness'.
'Distinctiveness' is a core requirement for a
Trademark, not a Patent. Trademarks need to be distinctive to identify the source of goods or services, whereas Patents focus on technical function and innovation. equation Condition NOT for Patents (for Trademarks) = Distinctiveness equation center Distinctiveness center
Step 1: Reviewing patentability criteria.
-
Novelty: The invention must be new and not known to the public prior to the filing date.
-
Utility (Industrial Application): The invention must be capable of industrial application or use.
-
Non-obviousness (Inventive Step): The invention must not be obvious to a person skilled in the specific field.
Step 2: Analyzing 'Distinctiveness'.
'Distinctiveness' is a core requirement for a
Trademark, not a Patent. Trademarks need to be distinctive to identify the source of goods or services, whereas Patents focus on technical function and innovation. equation Condition NOT for Patents (for Trademarks) = Distinctiveness equation center Distinctiveness center
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