IP Intelligence › Myths › Nobody has patented this, so it must be patentable.
Patent myth
“Nobody has patented this, so it must be patentable.”
Prior art is not limited to patents. A journal article, a product manual, a thesis, a forum post or a product on sale anywhere in the world can anticipate a claim.
Patent databases are the easiest thing to search, which is why people search them and nothing else. Examiners cite non-patent literature routinely. And an absence of patents in a field sometimes means the opposite of opportunity - it can mean the subject matter is excluded, or that everybody keeps it as a trade secret.
A confident filing decision based on half the picture.
Sources & further reading
- The Patents Act, 1970 (consolidated to 1 August 2024) — Official IP India text
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Not sure whether this applies to your invention?
The honest answer usually needs someone to look at your actual disclosure, your timeline and the prior art. That is a conversation, not an article.
Educational guidance, not legal advice. This material is published by Ragulika IP for general education and information. It is not legal advice, it does not create a professional-client relationship, and it is not a substitute for advice on your own facts. Patentability, infringement, prosecution strategy and every other IP outcome turn on the specific facts and on the law and Patent Office practice as they stand at the time you act. Please take professional advice before making a decision, and read the underlying provision or judgment before relying on any point stated here.
Last reviewed by Ragulika IP on 2026-08-23. Indian patent law and Patent Office practice change; check the position before you rely on it.