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Patent Criticalities

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

Showing 9 of 56.

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

Searching once, at the wrong moment

Most organisations search once, just before filing, and treat the result as a verdict. Searching is more useful when it is treated as a repeated activity with a diff…

Before filingIntermediate
High

The application is in the wrong name

The applicant is who will own the patent. Getting it wrong affects fee category, chain of title, who can sue, and what an investor sees in diligence - and correcting…

Before filingIntermediate
Medium

Filing before anyone asked whether it was worth it

Patentability and value are different questions, and organisations that only ask the first one accumulate portfolios that cost money every year and defend nothing.

Before filingIntermediate
Critical

The working statement nobody filed

India requires patentees and licensees to tell the Patent Office whether a patent has been worked in India. The obligation moved from annual to once every three fina…

After grantIntermediate
High

The patent that only covers what you already sell

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 …

During examinationIntermediate
Medium

The licence that could not be enforced

Most licence disputes are not about royalty rates. They are about who may do what, where, and what happens when something changes - and those are the clauses that ge…

After grantIntermediate

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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Every explanation here links to the ones next to it. Follow the thread rather than the menu.

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.