IP Intelligence
Patent Myths
Widely repeated beliefs about patents, and what the position actually is.
Showing 9 of 51.
“Patent deadlines can always be extended if you pay.”
Some can. Several of the most important cannot, or their extendability is unsettled - and an application that misses one is simply treated as abandoned or withdrawn.
“An AI-drafted patent application is legally sufficient.”
A generated draft can look complete and still be missing the things that decide the outcome: the technical effect, the fallback positions, the comparative data, and a claim 1 written against the closest prior art.
“Anything wrong with the application can be fixed during prosecution.”
You can narrow, correct and explain. You cannot add. Every amendment must be supported by what was disclosed on filing.
“A business method becomes patentable if you claim it as a system.”
Indian decisions look at substance rather than claim format. The business method bar in section 3(k) has no per se or as such qualifier at all.
“It was granted in another country, so India will grant it too.”
Each office applies its own law. Indian subject-matter law differs materially, particularly on business methods, methods of treatment and new forms of known substances.
“The working statement is optional paperwork.”
Furnishing information under section 146 is a statutory obligation on patentees and licensees, and failure or false information now attracts monetary penalties under an adjudication procedure.
“Nobody actually opposes patent applications.”
In several Indian industries opposition is routine. Publication makes your application visible to every competitor, and pre-grant opposition is open to any person.
“A divisional can be filed whenever I want.”
A divisional must be filed before the parent is granted. Once the parent is granted, the option is gone.
“Form 3 is routine paperwork with no consequences.”
Failure to disclose foreign filing particulars under section 8 is a ground of revocation under section 64(1)(m).
Keep going.
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.