If a data analysis shows positive and better result from a particular different newer treatment process, can this process be patented?
Dear Rajatsubhra, if the process is based on a new improved treatment of data, it can be patented as Application Patent, which is a patent about improved use of a technology/technics already known or registered. If your process is based on a new tool or innovative method just not already registered, it can be patented as Innovation Patent. Gianluca
For patenting the most critical thing to demonstrate is novelty. It must demonstrate a clear novel development compared to anything publicly available. This novelty can be a new combination of 2 existing ideas, but another critical thing is that whatever is new is not something that someone reasonably skilled in the field would assume.
The first question is, have you or the team involved ever published anything that describes the method? This could be a conference abstract, a paper or a write up in a local newspaper - anything that is 'public'? If you have then you can't patent.
The next step is to do a full trawl for information - this goes way beyond typical academic searches and must capture all reasonable sources of information.
If you find nothing and you are sure that nothing is out there then it is time to consider submitting an application. Be warned that the patent offices tend to be very rigorous in searching and you may have to fight a bit to justify novelty.
An important caveat is that the process cannot be patented if it is considered 'natural' which is weakly defined and is key to many patent wrangles over the years.
The level of proof that something 'works' is much weaker for patenting than for scientific publishing, but there will need to be some evidence.
methods of treatment are not patentable in every country. Your invention is probably more, but it is so vague at present that it looks like a mental act which is considered a natural process.
But if you disclose more of your invention here, you could destroy the novelty of your invention. This is likely to be considered a public forum. The only way is to find a patent professional to speak in confidence.
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