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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

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
Low

The title is not the important part

The title identifies the application. It does not define scope, it is not construed, and no infringement was ever decided on it. Inventors regularly spend an hour on…

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
Critical

The danger of filing too late

Late filings fail in three different ways, and only one of them is about competitors. Your own disclosure becomes prior art against you. Somebody else files first. A…

Before filingBeginner
Critical

Most applications do not fail. They stop.

Very few Indian applications are refused after an argument. Most simply end because a date passed - and because there is no decision to appeal, there is often nothin…

During examinationBeginner
Low

The application that died on paperwork

Substantive objections get the attention. Formal ones end just as many applications, because they carry the same deadline and are easy to leave until last.

During examinationBeginner

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.