To qualify for a patent, the applicant must satisfy the novelty standard and prove that the invention or process is unique, original, and that no other identical invention or process exists.
In accordance with Section 2(i)l of the Indian Patents Act, 1970, novelty is "any invention or technology which has not been anticipated by publication in any document or used in the United States or elsewhere in the world before the date of filing of a patent application with complete specification,
In return for publishing an enabling disclosure of the invention, the owner of a patent is granted the legal right to prevent others from creating, using, or selling the invention for a set amount of time. In the majority of nations, patent rights are governed by private law, and in order to enforce them, the patent holder must file a lawsuit against a third party who violates the patent. Patents are an important source of competitive advantage in some industries, but they are irrelevant in others.
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