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Patent Criticalities

The things that quietly decide whether an invention can be protected - explained before they cost you anything.

Showing 7 of 56.

Critical

Your specification does not support your claim

You can only claim what you described. When an examiner cites prior art and the obvious answer is to add a limitation you never wrote down, there is nothing to amend…

During draftingAdvanced
High

Software claimed as software

You cannot patent a computer programme per se. You can, on current Indian authority, patent an invention that happens to be implemented in software if it delivers a …

During draftingAdvanced
High

Your claim is broader than your invention

Breadth is not free. Every extra millimetre of claim scope pulls in more prior art and demands more disclosure to support it. A claim that reaches beyond what you ac…

During draftingAdvanced
High

The description is thinner than the claim needs

A patent is a trade: a monopoly for a teaching. If the teaching would not let a competent person in your field reproduce the invention across the width of the claim,…

During draftingAdvanced
High

The case turns on what one word means

Before anyone asks whether a product infringes, the court decides what the claim means. That single decision then governs both infringement and validity - which is w…

After grantAdvanced
High

Why enablement and support are different objections

Support asks whether the claim is fairly based on what you described. Enablement asks whether a skilled person could actually perform it across the claim's width. Th…

During examinationAdvanced
High

The data you did not generate

In chemistry, biotechnology, pharmaceuticals and food technology, several of the objections you will face can only be answered with comparative data. If nobody gener…

Before filingAdvanced

LowWorth knowing
MediumCould create complications
HighCan materially affect protection
CriticalAct before proceeding

This is the Ragulika IP Educational Criticality - our own editorial prioritisation device, to help you decide what to read first. It is not a legal score, it is not calculated from your facts, and it says nothing about the strength of any particular application.

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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.