Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More


(Guest)

Can I get a patent for the below idea?

 Hi everyone, I am a young tech entrepreneur. My firm is working on some web based services for a particular Indian city and later we plan to implement the same model for other Metros. Our idea is not completely unique, it is a combination of various ideas already implemented worldwide but not yet implemented as the specific combination we are working upon for any Indian city.

Will it be eligible for filing a patent as it is totally not a new idea? How can I prevent any Indian competitor from replicating my idea for the same city or other cities?



Learning

 9 Replies

Meenakshi (Lawyer)     11 November 2009

 Sorry a patented invention needs to have certain specifiaction and one of the main ingrediant is the invention MUst involves technical advance as compared to th e existing knowledge or having economic significance .

Inventions not Patentable: https://www.hg.org/article.asp?id=4842

Yours is Not an Invention....

The mere discovery of a new form of a known substance which does not result in the enhancement of the known efficacy of that substance or the mere discovery of any new property or new use for a known substance or of the mere use of a known process, machine or apparatus unless such known process results in a new product or employs at least one new reactant.

 A substance obtained by a mere admixture resulting only in the aggregation of the properties of the components thereof or a process for producing such substance:



3(f) The mere arrangement or re-arrangement or duplication of known devices each

functioning independently of one another in a known way.A mere scheme or rule or method of performing mental act or method of playing game;

1 Like

(Guest)

@Meenakshi:  Thanks a lot for your prompt reply.

As filing a patent is ruled out for my product/service, is there a way to protect my idea and create entry barriers for my competitors?

Meenakshi (Lawyer)     12 November 2009

 No Since ur idea is not completely unique as u said...U cannot protect in...

Naresh Kumar (Student)     12 November 2009

Ms.Meenakshi,

In the above case cant he get protected under copyright


(Guest)

 I share the same doubt as Mr Naresh, isn't it possible for me to get copyrights for my data and software codes?

Iftikhar Ahsan (Indian Patent Agent)     13 November 2009

Dear Mr. Kopalle,

 

Copyright does not offer a strong protection as compared to patents.  Copyright is for literary work, u can write ur Idea on a paper and then u can copyright the uniquely written idea. However, U may not stop anybody using that Idea for diffrent applications. Further Software and business methods are not patentable subject matter India until software is embeded with a hardware.

Please consult a IP lawyer for further information.

 

Regards,

 

Iftikhar   

Srinivas (Student)     11 November 2010

Can "Sui generis" protection be used in this case ? Is there anything same/euivalent in India ?

I'm not a lawer, but I was on similar boat. 

 
 

S. P. ASHOK (Advocate Bombay High Court 8450920005 advocatespashok@gmail.com)     20 April 2011

Idea is not patentable. An invention is patentable. Your work does not come under the category of Invention. Only way you can protect your idea is as "Trade Secret". For information on Trade Secret and how to protect it as Trade Secret contact an IP Consultant.

Dear Srinivas, Sui Generis Protection is for plant varities, biodiversity, Not for these type of protection.

If you are IP Student, please see Article 27.3 (b) of TRIPS Agreement.

S.P.Ashok

 

vysakh (kannur)     08 October 2011

dear iftikhar ahsan, in ur above reply u said "...U may not stop anybody using that Idea for diffrent applications.."

so does tht means ... u can stop anybody using that idea for the same application?


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading