Tag Archives: patent publication
How soon after filing a patent application in India, will it be examined?
It has been a common misconception that, a patent application is queued for examination after it is filed at the Indian Patent Office (IPO). In India, filing a patent application does not essentially mean that an Applicant for the patent is requesting the IPO to examine his patent application. In fact, the Applicant can refrain from filing a request for examining his application up to 48 months from the filing date of the Indian patent application. It shall be noted that, if the Indian patent application is claiming priority from a corresponding patent application filed in a convention country or a PCT application, then the 48 month duration is calculated from the priority date of the Indian patent application.
- A request for examination of the patent application has been made
- The patent application has been published
- A request for examination of the patent application has been made
- The patent application has been published
- 31 months has passed from the priority date of the Indian patent application, unless “express” request for examination is filed
Team InvnTree
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Should I apply for a patent before publishing my invention?
We come across several individuals who publish their work, and thereafter explore the option of patenting. Hence, we have penned down our thoughts on effects of publication on patenting.
This work is licensed under a Creative Commons Attribution-NonCommercial 3.0 Unported License
Can the details of my invention disclosed in the patent application be maintained as a secret?
Often innovators wish to have their innovation protected by a patent, and at the same time are concerned that, publication of their patent application will enable competitors to copy their innovation. A common question posed by innovators is, whether it is possible to protect their innovation by a patent and at the same time restrict details of the information disclosed in their patent application from public access. A simple and straight forward answer to the previous question is, NO, it is not possible to get patent protection and at the same time restrict details of the information disclosed in the patent application from public access.