One of the most controversial topics is the patentability of an idea, as it creates confusion between the understanding of an idea and an invention. An idea is considered the first step towards building and invention. Therefore, it’s the invention that could get patented and not the idea. As valuable as an idea is to create an invention, a mere idea does not have monetary value and is usually ambiguous and vague.
According to Section 10 of the Patent Act, certain important specifications must be included while applying for a patent. One of such essentials is the preamble. It has been stated in the preamble that “the following specification describes the invention, and the preamble of the complete application reads as ‘the following specification particularly describes the invention and how it is to be performed.” Based on this information, it can be ascertained that practicality is an important aspect of the invention to be patented. In this context, it can be understood that for an idea to be patented, it is crucial that the idea has the potential to be performed and further has a process and method that converts the idea into an invention, which can further be applied for a patent.
UNDERSTANDING WHAT A PATENT PROTECTS:
Before diving into the myths, let us understand what a patent is and what it protects. A patent gives the owner exclusive right over their invention for 20 years to commercially exploit it in a manner that prevents others from using, selling, making, or distributing the invention without permission. A patent can be granted when the invention meets certain criteria:
- Novelty: it must be new and not available in the public domain.
- Inventive Step (Non-Obviousness): the invention must not be obvious to an individual who has the experience and knowledge in that field.
- Industrial Applicability: there has to be a practical application to the invention.
The common myths that surround the patenting of the ideas are as follows:
MYTH 1: ANY IDEA CAN BE PATENTED
The most common myth is that any fresh and unique can be patented. As aforementioned, an idea is the start of an innovation, but the idea alone cannot be patented. As per the understanding of the law, tangible application is an important element to patent an invention. For example: a mere idea to develop an application is not enough; it is important to develop the app, outline the functions, and understand the technology and after the whole process of transforming that idea into an application, it can be patented.
Section 3 of the Indian Patent Act states that “an invention which is frivolous or which claims anything obviously contrary to well-established natural laws” is not patentable. According to this, if you think of an idea that is abstract, such as teleporting, and you cannot provide a method to achieve the idea or create an invention that teleports, your idea cannot be patented.
MYTH 2: A GOOD IDEA ALONE IS ENOUGH FOR PATENT FILING
Patent applications are detailed and require information about different aspects of the invention; therefore, mere outlining of the idea, no matter how good it is, cannot be patented without explaining the workings and the practical aspects of that idea. Section 10, as aforementioned, refers to the requirements for a patent application. It states that, for an idea to be patentable, the application must include a complete specification, which describes the invention and how it is to be performed. This includes the technical details necessary for someone skilled in the field to reproduce the invention.
For instance, Person X came up with the idea of a “smart home system” that has a voice control mechanism that controls all appliances connected to it. This idea can only be patented when Person X provides complete specifications about the working of the system, its uses, communication, technology, etc. and in a way that it must be new and not available in the public domain.
MYTH 3: PUBLIC DISCLOSURE PROTECTS YOUR IDEA
An idea does not secure protection from theft or duplication on the basis that it is disclosed to the public. As novelty is an essential criterion under patents, the chances of obtaining a patent get jeopardized if it is disclosed to the public before applying. For example, if Person A presents their idea at a conference regarding a new method for clean energy generation, the patent application, when filed after, can be rejected as it shall not be considered new and would lack novelty.
The idea of patenting can often be clouded by misconceptions, but it is essential to understand the clear distinction between ideas and inventions in patent law. While ideas form the foundation of innovation, they are not patentable on their own. Only when an idea is developed into a tangible, practical invention that meets the legal requirements of novelty, non-obviousness, and industrial applicability can it be protected under patent law. Additionally, intellectual property, including patents, copyrights, and trademarks, is governed by territorial laws, and enforcement varies by jurisdiction.
Navigating the complexities of intellectual property law requires a thorough understanding of the rights, processes, and limitations involved. Whether it’s protecting inventions through patents, respecting copyright on the internet, or securing trademarks, businesses and individuals must stay informed and proactive. Ultimately, the protection of intellectual property serves as a vital tool in fostering innovation, creativity, and economic growth while ensuring that creators and inventors are rewarded for their efforts.
ADDITIONAL MYTHS ABOUT INTELLECTUAL PROPERTY:
MYTH 4: A PATENT IS ENFORCEABLE WORLDWIDE ONCE IT IS GRANTED
Protection granted by the patent is territorial, that is, it is only enforceable within the specific region where it has been granted. The concept of a universal patent does not exist, and if patent protection is required for multiple countries, it has to be filed in each of those countries individually. For instance, if a patent has been granted in India but not in the United States, anyone can legally use, sell, or manufacture the invention in the United States without permission.
MYTH 5: IT’S FREE TO USE IF IT IS ON THE INTERNET
Anything available online is not free for public use. Copyright law protects most of the content that is available online, and therefore if the protected content is used without permission, it leads to copyright infringement. A work that either has a license to allow the users to generate content for free or is explicitly mentioned as a part of the public domain can only be considered free to use without any consequences.
MYTH 6: A TRADEMARK ISN’T REQUIRED IF YOU HAVE A DOMAIN NAME
A domain name only allows an individual to use a specific web address; it does not provide trademark protection for the brand. The registration of the brand under trademark law is essential to secure exclusive rights and protection over the brand. If the brand isn’t registered, another business can use a similar name, and you are then entitled to only limited legal recourse to stop them.
Written by Mansi Malpani, legal intern @Intepat IP.
