Can one apply for Patent for inventing new type of walking stick? Understanding Patent Law #India #Law

I do not have come across patent cases. But a twitter friend dealing in patent work, told me three requirements for registering a patent:-

1) Invention should be New, not something already in use. (If already in use, then you must prove that its was first discovered by you) 

2) It should not be obvious. (For example, you cannot invent a window which allows air to pass through. It is obvious. All windows are supposed to let pass the air)

3) Invention should have some industrial, commercial or market potential.

Now let us think about a Walking Stick.

If I invent a walking stick which can be folded in such a way that you can carry it like ball pen in pocket, then this is something new, it can be patented.

If the process of folding walking stick is complicated, first you have to fold left, then right, then press, then left, then right etc.. Then this is a complicated process. This is not obvious process, so patent can be applied.

Third, if a walking stick can be folded up like a ball pen and can be carried in pocket, then it has certainly marketability and commercial application. So third requirement is also fulfilled.

This is how I understand this law.

Haresh Raichura
29/11/13