2 MINUTES · 7 QUESTIONS · NOTHING LEAVES YOUR BROWSER

Is my invention patentable in India?

Seven questions that surface the objections Indian patent examiners raise most often — novelty, your own disclosures, inventive step and the Section 3 exclusions — before you spend a rupee on filing. It is a screening aid, not an opinion: only a professional search and review can settle patentability.

1. As far as you know, has anything identical to your invention ever been made public — anywhere in the world, by anyone?

Novelty is absolute and worldwide. A single prior publication, product or patent application that matches your invention defeats it.

2. Have you yourself already shown, sold, published or pitched the invention publicly, without an NDA?

Your own disclosure counts as prior art against you in India, outside a few narrow exceptions.

3. Would a competent engineer or scientist in this field see your invention as an obvious next step from what already exists?

Beyond being new, the invention must involve an inventive step — technical advance or economic significance that is not obvious to a person skilled in the art.

4. Can the invention actually be made or used in some kind of industry — not just described on paper?

Industrial applicability is a statutory requirement: the invention must be capable of being made or used.

5. Is the core of your invention a mathematical method, a business method, an algorithm, or a computer program by itself?

Section 3(k) of the Patents Act excludes these "as such". Software tied to a technical effect or hardware can still be patentable — the framing is everything.

6. Is your invention mainly a new form, use or combination of a substance that is already known?

Section 3(d) and 3(e) restrict patents on new forms of known substances without enhanced efficacy, and on mere admixtures.

7. Does the invention relate to a method of agriculture or horticulture, a method of medical treatment of humans or animals, or traditional knowledge?

These fall under other Section 3 exclusions that regularly surprise first-time filers.

This screener is general education, not legal advice, and it cannot search prior art for you. "Not sure" answers are treated as points to investigate. For the law behind each question, our sister platform Patent Act India explains every provision — including a walk-through of each Section 3 exclusion.

THE NEXT STEP

A search settles what a screener can only suggest

A professional patentability search with a written opinion tells you — before filing — whether the invention is worth protecting and how to frame it. Consult the specialists at MYCrave Consultancy & Services.

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