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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

The reply that quietly gave the patent away

A first examination report is an opening position, not a rejection. The two ways applicants lose value here are missing the date, and buying a grant by conceding mor…

During examinationIntermediate
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

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
Critical

The twelve months that decide your international position

Twelve months from your first filing, you must either file in each country you care about, or file a PCT application that preserves the option. There is no third cho…

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

Turning up to the hearing with nothing new

A hearing is the last chance to change the outcome before a decision is written. The Controller has already read the file, so repeating the written arguments achieve…

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.