Can I patent my idea?
Answer five quick questions to see whether your invention is likely to be patentable in India, which section of the Patents Act could block it, and what to do next. Or test yourself with our 12-question quiz.
Question 1 of 4
What best describes your invention?
Nothing you select leaves your browser. We never ask you to describe your invention here.
The four tests every invention must pass
- Novelty: it must not have been published, used or sold anywhere in the world before your filing date, including by you.
- Inventive step: it must not be obvious to an expert in the field, and should be a technical advance or have economic significance.
- Industrial application: it must be capable of being made or used in an industry.
- Not excluded: it must not fall into a category that Sections 3 and 4 of the Patents Act say is not an invention.
The checker walks through each of these. For the full list of exclusions, read what cannot be patented in India, and for how they apply in your field: Software and apps · AI and machine learning · Pharma and formulations · Medical devices and diagnostics · Mechanical and product inventions · EV, battery and clean-tech · Agritech and food processing.
If your invention looks patentable, the usual next steps are a patent search, then a provisional application to secure your date. Use the patent fee calculator to budget for it.
Frequently asked questions
How do I know if my idea can be patented in India?
It must be new (not public anywhere before you file), involve an inventive step (not obvious to an expert), be capable of industrial application, and not fall into an excluded category under Sections 3 and 4 of the Patents Act, such as business methods, software per se, methods of medical treatment or plant varieties.
Can I patent just an idea?
Not an abstract idea. You can patent an invention: a product or process described well enough that an expert could make or use it. You don't need a working prototype, but you do need a clear technical description.
Is this checker confidential?
Yes. It runs entirely in your browser and only asks multiple-choice questions. Nothing you select is sent to us, and you are never asked to describe your invention.
Is the result legal advice?
No. It is a first check based on your answers. Whether an invention is patentable depends on its details and on the prior art, which a patent search and a registered patent agent's review will confirm.
What should I do if the result says 'possibly patentable'?
Get a patent search to see what already exists, keep the invention confidential, and consider filing a provisional application to secure your filing date for 12 months while you refine it.