Should I apply for a patent before publishing my invention?
FollowWe 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.
Even before we delve into the topic, we would like to state the fact that, patent laws are jurisdiction specific, and varies from one country to another. The law in the US gives an inventor a period of 12 months from the date of such publication to apply for a patent. However, the law governing the patent system in India is significantly different.
In India, when the patent office examines a patent application, it tries to determine whether the subject matter intended to be protected in the patent application is anticipated or not. To determine anticipation, publications in India or elsewhere, which exist before the date of filing of the Indian patent application, are considered. In a scenario wherein the inventor himself has made a publication before filing the patent application, will still be considered as “prior art”. The inventors own publication would result in anticipation of the subject matter sought to be patented by his patent application, and a patent will be rejected.
Hence, it is advisable to apply for a patent before considering publication elsewhere, especially if you wish to seek patent protection in India and European countries.
We hope you found this article useful. You may also be interested in reading our related article about "Can publicly disclosed inventions be patented in India?"
Feel free to write to us at [email protected] if you have any comments, queries or want to avail our services.
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Team InvnTree
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Sir I have invented a new device and I want to sell it commercially, So shall I first apply for patent then sell it or I can start selling and gain patent?
Hello, please note that, if you wish to protect your innovation, a patent application has to be filed before commercialization or disclosing it in public domain.
You may read our article to understand more on this subject matter.