drishti shah 22 July 2020

patnet

How much time does it take to get an idea patented in India in 2020 ?

Quick Summary

In India, you cannot patent a mere idea; protection is granted to the expression of an idea, which is an invention. For an idea to be patentable, it must be capable of being performed or expressed, with originality in its expression being key. Consulting a professional is recommended to determine if your specific invention meets these criteria.

3 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 22 July 2020

You can browse this website for all information you needed.

https://www.ipindia.nic.in/form-and-fees.htm

Nihal Thareja 29 July 2020

Hello

Currently, an idea is not subject to have any protection under the Indian laws. It is only the expression of that idea i.e. an invention which can be patented. An idea can only be patented if it has the capability to be performed or be expressed. It is always the originality of expression over the originality of an idea.

The aforesaid concept has been observed in the landmark case of Donoghue vs Allied Newspapers, it was held that Idea, however clever cannot be protected if it is not put in words or expressed

Hope I was able to help
Regards
Nihal