Which Startup Ideas are Patentable?
Wait! Did you know? Not all innovations are ‘inventions’ Defining a Patent as per patent Act, a new product or process involving an inventive step and capable of industrial application.
Note: The patent application must be filed prior to any publication or public use. However, there is a 12-month grace period permitted in India when a person has made an application for a patent in a convention country and if that person or his legal representative (or his assignee) makes an application with respect to the same invention in India.
Situations when you cannot patent:
- If the invention was known or used by any other person in India and/or outside India.
- Public use or publication of the invention
- Any earlier patent, earlier publication, document published in any country,
- Earlier product disclosing the same invention, or earlier disclosure or use by the inventor
Inventions that are not Inventions:
- A method of agriculture or horticulture;
- A process for the medicinal or other treatment of human beings and animals; (iii)
- A mere discovery of any new property, or new use for a known substance.
- A mere use of a known process, machine, or apparatus
- An invention which claims anything obviously contrary to well established natural laws.
- Business Methods
Inventions that are patentable:
- Computer Programme in combination with hardware
- plants and animals in whole or any part including seeds, varieties and species and essentially biological processes for production or propagation of plants and animals
- Mathematical or business method or a computer program per se or algorithms;
- Literary, dramatic, musical or artistic work or any other aesthetic creation whatsoever including cinematographic works and television productions;
- Method of performing mental act or method of playing game
- Presentation of information;
- Topography of integrated circuits
- Product patents for pharmaceutical substances