Patent for Business Idea in India
Patent for Business Idea in India
Many entrepreneurs are interested in obtaining a patent for business idea or business model that has been invented by them to provide them a competitive advantage. However, not all inventions are patentable as per the patent laws and patent laws as well vary from country to country. In this article, we look at patent for business ideas, computer programs, mathematical modes and algorithms as per the Indian Patent laws.
What can be patented?
As per the Patent Act, for an invention to be patentable, the invention must be a new product or process, involving an inventive step and capable of being made or used in an industry. It means the invention to be patentable should be technical in nature and should meet the following criteria –
- Novelty : The matter disclosed in the specification is not published in India or elsewhere before the date of filing of the patent application in India.
- Inventive Step: The invention is not obvious to a person skilled in the art in the light of the prior publication/knowledge/ document.
- Industrially applicable: Invention should possess utility, so that it can be made or used in an industry.
Patent for Business Idea in India
As per the Indian Patent laws, a mathematical or business method or a computer programme per se or algorithms are not inventions and hence not patentable. Business methods or business models claimed in any form are not patentable subject matter. With the development of technology, innovative business models have also been established through e-commerce and related B2B and B2C business transactions. Hence, many patent applications are filed along with claims of technical features such as internet, networks, satellites, telecommunications etc. However, the exclusion of patenting business models or ideas apply to all business methods and, therefore, if in substance the claims relate to business idea, even with the help of technology, they are not considered to be a patentable subject matter in India.
Patent for Computer Programs in India
Patent application for only a computer program, which is considered as a computer program per se are not patentable. Hence, patent applications involving computer programs stored in a computer readable medium and as such are not allowable. Even if the patent application claims that the invention involves a subject matter which is not a computer program, it is examined whether such subject matter is sufficiently disclosed in the specification and forms an essential part of the invention. Know more about patent for computer programs and software.
Patent for Algorithms in India
Algorithms in all forms including a set of rules or procedures or any sequence of steps or any method expressed by way of a finite list of defined instructions, whether for solving a problem or otherwise, and whether employing a logical, arithmetical or computational method, recursive or otherwise, are not patentable in India.
Patent for Mathematical Models in India
Mathematical methods are considered to be acts of mental skill. A method of calculation, formulation of equations, finding square roots, cube roots and all other methods directly involving mathematical methods are therefore not patentable. With the development in computer technology, mathematical methods are used for writing algorithms and computer programs for different applications and the claimed invention is sometimes camouflaged as one relating to the technological development rather than the mathematical method itself. These methods, claimed in any form, are considered to be not patentable in India.
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