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Patentability self-check

Ten questions covering novelty, inventive step, industrial application, the Section 3 exclusions and the foreign filing restriction — an educational exercise, not a patentability opinion.

This is an educational exercise, not a patentability opinion. It cannot see your invention, your prior art, or your claims. Nothing here predicts what an examiner will do, and a clear run through these questions is not a reason to skip a proper search and assessment.

1. Has the invention been described publicly anywhere in the world before you filed — a paper, a talk, a demo, a product launch, a video, a funding pitch deck that was not under NDA?

2. Is the invention essentially a business method, a scheme, a rule for playing a game, or a way of doing business?

3. Is it a computer program, and would you describe its contribution as being in the software itself rather than in a technical effect on a device or process?

4. Is it a mathematical method, an algorithm, or the discovery of something that already existed in nature?

5. Is it a new form, new property or new use of a known substance, without a real improvement in efficacy?

6. Is it a method of treating humans or animals, or a method of agriculture or horticulture?

7. Does it relate to atomic energy?

8. Would a skilled person in your field, knowing everything already published, have found your step obvious?

9. Can it actually be made or used in an industry?

10. Are you resident in India and planning to file abroad first, or have you already?

Answer the questions and a read-out will appear here, with the provisions behind each flag.

Get a real patentability assessment

A proper assessment means a prior-art search, a reading of Section 3 against your actual disclosure, and a view on what could be claimed. That is a professional exercise, and it is the least expensive stage at which to find a problem.