IP Intelligence
Patent Myths
Widely repeated beliefs about patents, and what the position actually is.
Showing 3 of 51.
“Once I file, I am protected.”
Filing gives you a date and a place in the queue. Enforceable rights arise only on grant, and only over whatever the granted claims actually cover.
“India gives you twelve months after you publish to file.”
India has no general grace period. Sections 29 to 32 exclude only specific, narrow situations from anticipation, and the twelve-month limb in section 31 applies to gazette-notified exhibitions and papers read before a learned society.
“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.
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.