Can I file patent about a business idea


What does it take to file a patent of just an business idea?

Answers (2)


189 votes

Dear Sir

Please note, Business IDEA's are not Patentable, and cannot be patented. Patent is applicable only to inventions which have industrial application.

Idea, business concept etc. how so ever innovative do not qualify for patent under Indian Patent Act. Even now, in United States, pursuant to Judgment of US SUpreme Court in Alice Corporation, mere ideas are excluded from Patenting.

The only scope for you is to get copyright over you idea. But no legal protection as such if some one follows your idea with some additional application to overrule your copyright Protection.

My Office is based in Ahmedabad, Gujarat. (Current in US)

Please feel free to ask should you have any questions.

Best Regards

Vivek N Mapara


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171 votes

No. Patent is for invention only.
Also, Ideas cannot be patented but Expression of an Idea can be patented.
Eg.- 1)Facebook & Orkut both can be same but cannot use same coding under 'Copyright Laws' [They do need to get Copyrights]
2) Uber & Ola both have same models for taxi service but no patent or copyright applies to their services. Only their Trademarks can be protected.

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