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Patent criticality
The patent that only covers what you already sell
Is a granted narrow patent better than no patent?
There is a version of every application that will be granted: the one narrowed to precisely what you already sell. It is also the version competitors do not need to avoid, and the version a licensee will not pay for.
How it happens
An examination report arrives with a firm objection. Amending to the commercial embodiment answers everything at once. The grant certificate arrives, the milestone is met, and everyone moves on.
Two years later a competitor ships a product with one feature different and there is nothing to assert. Worse, your published patent tells them exactly which feature to change.
The alternative
Amend to the narrowest limitation that answers the objection, which is often much wider than your product. Keep at least one claim directed to the underlying principle if it can be defended. And where the objection is weak, argue it - a granted claim you had to fight for is usually worth more than an easy one.
If the only defensible position really is your commercial embodiment, that is worth knowing too. It is a signal about how crowded the field is, and it should change how much you spend on the rest of the family.
Amendment limits in sections 57 and 59 of the Patents Act 1970.
Judge a prosecution outcome by what a competitor must now avoid, not by whether a certificate arrived.
Measuring patent teams on grant rate.
Claim 1 after amendment reading like your product datasheet.
For your granted patents, write down the cheapest change a competitor could make to fall outside claim 1. If it is easy, the patent is decorative.
Sources & further reading
- The Patents Act, 1970 (consolidated to 1 August 2024) — Official IP India text
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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.