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patent help!


hello all ... i very much needed to know whether an idea am having in my mind is possible to get patent...

i went to the intellectual property office chennai last day ... from there i got the answer for my question as .. " only machinery and such inventions are only patentable... the concepts or process are only copyright protected"

but i saw the following sentence on the website .. indiainbusiness.nic.in ... i believe its a govt. site under ministry of external affairs...

 "

  • A patent may be granted for a new and useful product or process.
  • A process can be patented if the process results in production of a new article or a more useful or cheaper article than what is produced by an old method.In some cases, it has been held that a process may itself be patentable even if there is no production of a new or better article. Such processes can be found in the drug industry where a new process of a manufacture of an already known drug is patentable.  "

 

i belive that the second point is exactly talking about my idea of invention..

please guide me to get on the right way .

 
Reply   
 
Corporate Commercial & IP Lawyer

 

 

Dear Vysakh,

Further to our telephonic discussion, Ideas or Concepts cannot be copyrighted. Only literary, musical, artistic, dramatic works can be copyrighted. However, a product or process can be patented subject to conditions. Let me explain the basics of patent

Conditions of Patentability

1) Novelty (new) - A new technique which is not existing.

2) Inventiveness(non-obviousness) - It is not an obvious step.

3) Capable of Industrial Application - Industrial use

Lets see what are - Not Patentable

1) Inventions which are frivolous or which claim anything contrary to well established natural laws.'

2) Any invention can cause serious prejudice to human, animal or plant, life , helath or environment.

eg: food adulteration

3) In some case genes are not patentable.

4) The mere discovery of a new substance, which dose not result in the enhancement of the known efficacy

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

eg.: Pharma industry

6) The mere arrangement or re arrangement or duplication of devices each functioning independently of another in a known way.

7) A method of agriculture or horticulture

8) Any process for the medicinal, surgical, curvative, prophylatic, diagnostics, therapeutic, or other treatment of human beings or animals to render them free of disease or to increase their economic value or that of their products.

9) A mathematical or business method or a computer program 

10) literary, dramatic, musical or artistical etc.,

11) A mere scheme of rule or method of performing mental act or playing a game.

12) A presentation of information

13) topography of integrated circuits

14) An invention which is already existing in nature

eg: tulsi, neem, haldi etc.,

Conclusion: Yes, you are correct what you have read. A process may be patented. I believe your concept is a mere business method. Chances of patentable are very less. Unless it can become a process for cheap production & products can be developed based on that concept.

Feel free to contact me, if there are any concerns.

Thanks

Nagaraj

Corporate, Commercial & IP Lawyer

IP Lex Global Services

Email: nagaraja_bs@iplexglobal.in

Mob: 0091-09902007635 / 34


 
Reply   
 



hello sir ... big thanks for ur reply!! ...

now i ve got an idea about patent ..!! so now i can say ..

1. this is a new technique in this field ...i.e never been done for this purpose or commercially

2. i dont get this about non obviousness... coz ones it is seen by a person with average knowledge .. he can make a way to do that ... but thts wen i wonder .. how the paper clip got patented...!!

3. yes this is of industrial application ... it can become a process for cheap production & products can be developed based on that concept.


one more thing is that ... in this concept iam making use of many existing technologies .. to establish my concept ... but the concept in new for the industry which this aims for!

 now i hope u can help me some more!! :)

 
Reply   
 

Dear Vysakh,

 

I suggest you get in touch with a patent attorney who would be able to better guide after understanding the invention idea which you have. It is true that business method cannot be patented but it may be possible to apply for a patent if the method is computer / hardware implemented or has some technical features.

If your work is still a concept or only some work has been done on it then a provisional application may be filed after which you will have 12 months to finalize your invention and file a complete application.

Hope this helps.

 

Regards,

 

 

Abhinav Bhalla

Advocate

Registered Patent Agent

abhinav@brbhallaassociates.com

+91 9910406711

 
Reply   
 

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