Patent for Business Idea in India

Many entrepreneurs seek a patent for a new business concept or strategy they’ve developed in order to get a competitive advantage. However, not all inventions are patentable under patent laws, and patent laws range from country to country. In this essay, we look at how Indian patent rules apply to business concepts, computer programmes, mathematical models, and algorithms.Patent for Business Idea in India

What can be patented?

An innovation, according to the Patent Act, must be a new product or technology that includes a creative step and maybe manufactured or used in industry. It specifies that a patentable invention must be technical in nature and must meet the following requirements:

  • Novelty: Before the patent application was filed in India, the matter stated in the specification had never been published in India or elsewhere.
  • Inventive Step: The invention is not obvious to a person skilled in the art because of prior publication/knowledge/document.
  • Industrially applicable: To be made or employed in a business, an invention must be useful.

Patent for Business Idea in India

A mathematical or commercial process, a computer programme per se, or algorithms are not inventions, according to Indian patent regulations, and so are not patentable. Business procedures or business models, in any form, are not patentable subject matter. As a result of technical improvements, such as e-commerce and related B2B and B2C commercial operations, new business models have evolved. As a result, many patent applications with claims of technical aspects such as the internet, networks, satellites, telecommunications, and so on are filed. However, the prohibition of patenting business models or concepts applies to all business procedures, therefore if the claims in substance relate to a business idea, they are not deemed patentable subject matter in India, even if technology is used.

Patent for Computer Programs in India

Patent applications for computer programmes that are regarded as computer programmes in and of themselves are not patentable. As a result, patent applications that involve computer programmes stored on a computer-readable medium are not permitted. Even if the patent application claims that the invention comprises a subject matter that isn’t a computer programme, it’s checked to see if that subject matter is sufficiently disclosed in the specification and is an important aspect of the invention.Patent for Business Idea in India

Patent for Algorithms in India

In India, algorithms in any form, including a set of rules or procedures, any sequence of steps, or any method expressed by way of a finite list of defined instructions, are not patentable, whether they are used to solve an issue or not, and whether they use a logical, arithmetical, or computational approach, recursive or not.

Patent for Mathematical Models in India

Mathematical approaches are thought to be mental exercises. Calculation methods, equation formulation, square root and cube root determination, and all other methods directly utilising mathematical procedures are thus not patentable. Mathematic approaches are utilised for constructing algorithms and computer programmes for various purposes as computer technology advances, and the claimed invention is sometimes disguised as one relating to the technical development rather than the mathematical method itself. These methods are not patentable in India, regardless of how they are asserted.