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

To know about the process, checkout: http://blog.wazzeer.com/patent-filing-process/ Startup entails complex procedures and many bureaucratic hurdles, entrepreneurs are better off using professional services. Hiring a virtual lawyer and virtual accountant can save time and help ensure that the process goes smoothly. For any Legal and Accounting support, Happy to help you, let us talk. 🙂