IP Intelligence
Patent Myths
Widely repeated beliefs about patents, and what the position actually is.
Showing 6 of 51.
“Anything an employee invents automatically belongs to the company.”
Indian law does not transfer patent rights by implication as freely as people assume. Rights flow from inventors, and moving them needs something in writing.
“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.
“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.
“The inventor always owns the patent.”
The inventor is the person who devised the invention. The owner is whoever holds the rights, which may be an employer, a university or an assignee.
“It does not matter which country I file in first.”
For a person resident in India it matters a great deal. Filing abroad first without permission, and without an Indian filing at least six weeks earlier, can lead to refusal or revocation of the Indian patent.
“Patents are only for large companies.”
Indian official fees are substantially reduced for natural persons, startups, small entities and educational institutions, and expedited examination is available to several of those categories.
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.