IP Intelligence › Myths › I can publish the paper now and file the patent afterwards.
Patent myth
“I can publish the paper now and file the patent afterwards.”
In India, publishing first usually destroys novelty in your own invention. The narrow learned-society limb of section 31 does not cover ordinary journal or conference publication.
Section 31(d) covers a paper read by the true and first inventor before a learned society, or published with consent in that society's transactions, with twelve months running from the reading or publication. That is a specific and narrow route. Uploading a preprint, publishing in a journal, or presenting at most conferences does not fall inside it - and once published, the disclosure is prior art against you.
For researchers this is the single most expensive misunderstanding in the subject.
Sources & further reading
- The Patents Act, 1970 (consolidated to 1 August 2024) — Official IP India text
- The Patents Rules, 2003, as amended (e-version updated to 15 March 2024) — Official IP India text
Related
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…
Can a thesis destroy the novelty of your own invention?
Yes, if the public could obtain and read it before your priority date. A thesis in an open institutional repository is a publication from the day it goes up.
I disclosed my invention publicly. What now?
Working out how much damage was done, and what is still available.
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.