Patent in a Business Idea

Patent is a protection granted to an invention. This invention should be a new way of doing something or one that offers a novel solution and could be a product or process. However, Section 3(k) of the Patent Act, specifically excludes business method and software programmes from being patentable.

So how do you maneuver around this technicality to patent your business idea? It’s simple. You should structure your product or process in such a way that demonstrates the novel solution that your idea offers [The Solution]. You combine that with how you deliver that novel solution to the market [The Delivery], and you should have in your hands a patentable version of your business idea or method.

For example, you cannot technically patent a business idea like a fast organic grocery delivery service or a niche online styling services, or even a chain of themed salons. You can however patent the method of doing business. You could deliver that organic grocery with proprietary software that matched local sellers to buyers. Or you could have deployed a new software that recognises your customer body types and preferences in the online styling business or even new hardware in your new salons.

Making software/language models are easy now once you know what you want to make. Hardware is a little less simple owing to the many materials that could be used, but still is much more navigable than before..

For simplicity, lets divide the two steps that we need to restructure and represent in your patent application to make you business idea patentable:

The Solution: For an idea to be patentable, it should be specific on the problem it solves. Its not enough for an invention to say, save time on delivery. It should save precisely xyz time by say, a specific routing of delivery people or using an algorithm of delivery vendors v/s products available. Additionally it should be applicable in the market for economic gain or business viability. This also means that it could be sold or leased because it solves a problem for you and others (you could license it, for profits).

The Delivery: You should be able to use the business idea in real terms. For example, you could code your solution to become an actual app or you could make a device that turns your novel solution implementable. Basically you should have a method or resources that makes your novel solution implementable.

These two steps combined should fulfill the necessary requirements of a patent which are:

Remember you do not need novelty, distinctiveness and utility for both steps but for at least one step only, so that when you put your patent invention together you get the complete requirements that make it eligible for filing a patent application and finally getting a patent.

Now each step has separate criterias on how to correctly demonstrate novelty, distinctiveness and utility and how to correctly describe them in the patent application.

On the whole, patents are usually granted if your whole patent is a new invention in any of the following:

Any area relation to technology

Inventions making improvement to existing inventions, patented or not.

Invention that are provide significant cost-effective methods to existing tech like a second gen or third gen product or process

Apart from the above restructuring, all you need is to routinely file your patent like any other other patent following in the below category:

We talk more about how to apply for a successful patent in our on-going series on Patents of seemingly unpatentable subject-matters.

For a quick evaluation of the patentability of your business idea, reach out to us below and we will get back to you with a patent strategy.