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RAHUL SHAH   28 July 2021

Intellectual property

Suppose I have an idea and wish to get it patented. How can I ascertain that the idea is actually patentable? How can I ensure that there are no other similar ideas that have already been patented? 

Please guide.

 3 Replies

Kevin Moses Paul   28 July 2021

The query you've posted is something that evey person wonders before proceeding for getting their innovations protected. Every person questions himself/herself about the fact that whether their invention/idea can be patented in India?

Patent act in India has specified certain subject matters are not eligible for getting patent in India. Some of these areas are;

⭕ Inventions related to atomic energy,

⭕ abstract ideas,

⭕ laws of nature or anything contrary to well established natural laws,

⭕ physical phenomenon,

⭕ discovery of any living thing or non living substance,

⭕ method of agriculture or horticulture,

⭕ new form of know substances,

⭕ method of playing games,

⭕ any aesthetic creations,

⭕ anything that causes a serious harm to human,
animal or plant life etc, are NOT patentable subject matter in accordance with section 3 and section 4 as per Indian patent act.

In India, an invention relating either to a product or process that is new, involving inventive step and capable of industrial application can be patented.

One can check whether the invention is already patented or not by going through the official database of patents

Hope It Helps!

Kevin M. Paul

Sushree Sipra   25 September 2021

Hello Sir. As you mentioned patenting of an idea, I would like to clarify that there is no provision in the Indian Patent Act which protects ideas or gives patenting rights to an idea. To obtain a patent, it should be an invention and it should have some industrial use. Idea is basically the very first step and later on the idea is used to create an invention. Section 10 of the Patent Act, 1970 describes what amounts to invention but there is no mention of an idea in it; it does not accept or deny an idea to be patentable. If your idea can be performed practically and then this is used for some invention then that can be patented but the idea cannot be registered. Though an application for the same can be filed and later on the complete specifications can be filed within 12 months. If the period of 12 months expires the provisional application would be cancelled. Hope this helps. Thank You. Regards, Sushree Sipra

Archana Pandey   13 January 2022

You cannot get a patent just based on an idea. You must show how your invention works. In addition, your invention must be new (or "novel" in the parlance of patent lawyers). This means it must be different in some important way from all previous inventions in that field. However, There are three types of patents - Utility, Design, and Plant. The cost to file a patent is approximately Rs. 35,000 to 45,000. (cost would be lowest for students and startups) This is assuming that you have hired a patent (agent) professionals for patent research, writing and filing patent application for your invention.

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