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For enterprises
Building an IP function that does more than file
We file patents but nothing else. What is missing?
A harvesting cycle, a commercial triage step, a portfolio review, competitor monitoring and a freedom to operate gate before launch. Filing is one of five activities, not the whole job.
The five activities
Harvest. Regular sessions with engineering, before public milestones, asking about problems solved rather than features shipped.
Triage. A commercial gate: what would a competitor have to do differently if this were granted, and could we detect them using it?
File and prosecute. With drafting quality prioritised over count, and divisional options reviewed at the examination stage rather than at allowance.
Review. A fixed-cycle portfolio review with a named commercial owner per case, producing both reinvestment and pruning decisions.
Monitor and clear. Journal monitoring for competitor filings, and a freedom to operate gate before any launch.
What to measure
Not filings per year. Coverage per product line - can you state in one sentence what a competitor would have to avoid? Deadline integrity - are there any cases without their next three dates recorded? And clearance - what proportion of launches went through an FTO gate?
Those three tell you whether the function is working. Filing count does not.
What to actually do
- Filing is one of five activities, not the function.
- Put a commercial triage gate between harvesting and filing.
- Measure coverage, deadline integrity and clearance.
- Give every case a named commercial owner.
Sources & further reading
- The Patents Act, 1970 (consolidated to 1 August 2024) — Official IP India text
Related
Harvesting inventions that already exist
By asking about problems solved rather than features shipped, on a regular cycle, before the work becomes public.
Running a patent portfolio as an asset
By reviewing every case against the same four commercial questions on a fixed cycle, with a named owner for each - not by counting filings.
Reading competitors through their patent filings
Where they intend to defend, what technical direction they committed to eighteen months ago, and which markets they have quietly given up on.
Not sure whether this applies to your invention?
The honest answer usually needs someone to look at your actual disclosure, your timeline and the prior art. That is a conversation, not an article.
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.
Last reviewed by Ragulika IP on 2026-08-23. Indian patent law and Patent Office practice change; check the position before you rely on it.