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Aashi Sharma   10 January 2021

Patent

  1. I have a rather distinctive idea, what process can I follow to make my idea/procedure/ invention a patent?


Learning

 2 Replies

Pradipta Nath (Advocate)     10 January 2021

Idea cannot be patented, has to be an invention with novelty.

Nandini Warrier   20 January 2021

Good evening,

In India, as per the law, only inventions can be patented. In order to get a patent, your product will have to to be novel, and useful industrially. Under patent law, novel refers to new, original. There is no express mention about patentability of ideas under the Patents Act 1970, but to avail a patent, there must be capability of performance of the product. Therefore, if an idea matures into a novel invention, it can be patented. For an idea to be protected within the Patent laws, the idea should not be vague, or ambiguous. Just a mere, random and vague idea can not be protected but if the idea is concrete, and the person has a strategy to explain it and it's functioning very clearly, making it a novel asset that can be valuable, then such an idea can be protected.

 

Hope this helped!

Regards,

Nandini


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