IP Intelligence
Patent Myths
Widely repeated beliefs about patents, and what the position actually is.
Showing 4 of 51.
“Any improvement to a known product can be patented.”
An improvement has to be more than a workshop change, and in chemistry and pharmaceuticals a new form of a known substance faces a further test under section 3(d).
“An NDA means I can show the invention to anyone.”
A confidentiality agreement helps only to the extent it actually binds the people who saw the invention, and can be shown to have done so.
“If I invented it independently, nobody else can have it patented.”
Independent invention is common and is not a defence. India is a first-to-file system: the person who filed first prevails, whatever you can prove about when you had the idea.
“A university thesis is not a publication.”
A thesis deposited in a library or an institutional repository, available to the public without restriction, can be prior art.
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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.