Question:hard

Which of the following statement is right?

Updated On: Jul 13, 2026
  • An invention must not possess utility for the grant of patent. No valid patent can be granted for an invention devoid of utility.
  • An invention must possess utility for the grant of patent. No valid patent can be granted for an invention devoid of utility.
  • An invention must possess utility for the grant of patent. Valid patent can be granted for an invention devoid of utility.
  • An invention must not necessarily possess utility for the grant of patent. Valid patent can be granted for an invention devoid of utility.
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The Correct Option is D

Solution and Explanation

All four options in this question combine two sentences, and the fastest way through it is to check each option for internal consistency before even reaching for the statute, because three of the four options contradict themselves in their own wording.

  1. Option A: says an invention "must not possess utility" and then says a patent devoid of utility cannot be valid, these two sentences fight each other, so this option fails on logic alone.
  2. Option B: says utility must be possessed and then says no patent can be granted without it, this is at least internally consistent, but it describes a strict utility doctrine that is not how the Indian Patents Act is framed, which instead uses the separate and narrower phrase "capable of industrial application".
  3. Option C: says utility must be possessed and then, in the same breath, allows a patent for an invention devoid of utility, this directly contradicts its own first sentence.
  4. Option D: says utility need not necessarily be present and that a patent can still be granted for an invention devoid of utility, this is internally consistent and matches how Section 2(1)(j) of the Patents Act actually frames patentability, around novelty, inventive step and capability of industrial application, rather than a standalone usefulness test.

Let's summarize:

  • Options A and C are self-contradictory the moment you read both halves of the sentence together.
  • Option B describes a strict utility rule that Indian patent law does not follow in that form.
  • Option D is both internally consistent and consistent with the Act's actual "capable of industrial application" standard.

The statement that is right is the one saying an invention need not necessarily possess utility, and a valid patent can still be granted for one devoid of it.

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