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Patent criticality
Filing before anyone asked whether it was worth it
We can patent this. Should we?
Patentability and value are different questions, and organisations that only ask the first one accumulate portfolios that cost money every year and defend nothing.
The questions that should come first
Would a competitor need to do this to compete, or could they route around it easily? Would you be able to detect infringement - can you tell from the product, or is the invention a process nobody can see? Would you be willing to spend money enforcing it? Does it protect revenue, or block a competitor, or support a licensing story, or none of the above?
An invention that is undetectable in the finished product is often a better trade secret than a patent, because a patent publishes it and gives you no practical way to police it.
The cost that is invisible at the start
Filing costs are the small part. Prosecution, foreign filings, national phases, renewals across twenty years and management attention are the large part. A portfolio of fifty filings made without this conversation typically contains a dozen that matter.
Renewal obligations under section 53 and rule 80 mean the cost continues for the life of the patent.
Put one commercial question on the invention disclosure form: what would a competitor have to do differently if this were granted?
Filing because the invention is patentable and the team is proud of it.
Process inventions that leave no trace in the product.
For the next filing decision, write the enforcement scenario in three sentences before approving the spend.
Sources & further reading
- The Patents Act, 1970 (consolidated to 1 August 2024) — Official IP India text
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One question settles most of it: could a competitor work it out from your product? If yes, secrecy is not available and you should file.
Pruning a portfolio without losing anything you need
Case by case, against stated criteria, with three checks before anything is dropped - and with the decision and its reason written down.
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.