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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

Nobody wrote down who owns it

An invention belongs to its inventors unless something in writing moves it. Filing in the company's name does not by itself transfer anything. Ownership defects are …

Before filingIntermediate
High

The invention is new - and still not patentable

Indian law has a filter that operates completely independently of novelty and inventive step. Section 3 lists things that are not inventions at all - and something c…

During examinationIntermediate
High

You only described the one you built

A specification that describes exactly one implementation gives you exactly one implementation to fall back on. Alternatives you considered and rejected are some of …

During draftingIntermediate
Medium

The specification never says what problem this solves

Inventive step is argued as a story: this was the problem, this is what the field taught, this is why our solution was not obvious. If the specification never states…

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 wrong people are named as inventors

Inventorship is not authorship, seniority or reward. It is a factual question about who devised the invention **as claimed** - and because claims change during prose…

Before filingIntermediate
Medium

The danger of filing too early

Filing early is usually right. Filing before there is anything to describe is not. A premature application starts clocks - twelve months to a complete specification,…

Before filingIntermediate

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.