Patent for Business Idea in India– To get a competitive advantage, many entrepreneurs seek a patent for a new company concept or strategy they’ve devised. However, not all ideas are patentable under patent laws, and patent rules vary by nation. This paper examines how Indian patent laws relate to business concepts, computer programs, mathematical models, and algorithms.
What can be patented?
As per the Patent Act, innovation is a new product or technology that involves a creative step and may be made or employed in the industry. It states that a patentable invention must be of a technical character and must fulfil the following criteria:
- Novelty: Prior to the filing of the patent application in India, the specification’s subject matter had never been published in India or elsewhere.
- Because of prior publication/knowledge/documentation, the invention is not evident to a person versed in the art.
- Industrially applicable: An innovation must be helpful in order to be manufactured or used in a business.
Patent for Business Idea in India
According to Indian patent laws, a mathematical or commercial process, a computer program in and of itself, or algorithms are not innovations and so are not patentable. Company techniques and business models, in whatever form, are not patentable. New business models have emerged as a result of technological advancements such as e-commerce and associated B2B and B2C commercial activities. As a result, many patent applications containing technological claims, such as the internet, networks, satellites, and telecommunications, are filed. However, because the limitation on patenting business models or concepts extends to all business activities, claims that in substance pertaining to a business idea are not considered the patentable subject matter in India, even if technology is involved.
Patent for Computer Programs in India
Patent applications for computer programs that are considered computer programs in their own right are not patentable. As a result, patent applications including computer programs stored on computer-readable media are prohibited. Even if the patent application asserts that the invention includes subject matter that is not a computer program, it is examined to see whether such subject matter is properly disclosed in the specification and is an important component of the invention.
Patent for Algorithms in India
Algorithms in any form, including a collection of rules or processes, any sequence of steps, or any technique stated by way of a finite list of defined instructions, are not patentable in India, whether they are employed to solve a problem or not, and whether they are recursive or not.
Patent for Mathematical Models in India
Mathematical techniques are considered mental workouts. Techniques of calculation, equation formulation, square root and cube root determination, and any other methods that directly employ mathematical operations are thus not patentable. As computer technology progresses, mathematical techniques are used to build algorithms and computer programs for a variety of applications, and the claimed invention is frequently camouflaged as one pertaining to technological advancement rather than the mathematical method itself. In India, regardless of how they are asserted, these processes are not patentable.