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Patent Criticalities

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

Showing 8 of 56.

Critical

You told the world before you told the Patent Office

In India there is no general grace period. If your invention was made available to the public before your priority date, that disclosure is prior art against your ow…

Before filingBeginner
High

The prior art nobody checked

Prior art is anything already available to the public, anywhere in the world, in any language, in any form. A team can be genuinely original and still be second - an…

Before filingBeginner
Critical

A granted patent does not mean you are free to sell

A patent is a right to stop other people. It is not a licence to practise your own invention. Your product can be simultaneously protected by your patent and blocked…

After grantBeginner
Critical

Claim 1 describes your product instead of your invention

Claim 1 is the patent. If it recites the specific product you happened to build - your materials, your dimensions, your architecture - then a competitor only has to …

During draftingIntermediate
High

New is the easy part. Inventive is the hard part.

Novelty is a single-document test and it is largely mechanical. Inventive step is a judgement about whether a competent, unimaginative person in your field would hav…

During examinationIntermediate
High

Adding words does not make a claim stronger

It feels safer to describe the invention thoroughly in the claim. It is the opposite of safer. Every additional word is an additional condition that a competitor has…

During draftingIntermediate
Medium

Why the drawings can decide the case

Drawings are read as part of the disclosure. A well-made set can support a claim term that the text handles clumsily; a careless set can contradict the text and crea…

During draftingBeginner
Medium

The invention exists but the record does not

A patent can only be as good as what the drafter was given. Where the technical record is a slide deck and a conversation, the specification ends up thin, the altern…

Before filingBeginner

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.