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Real-life scenario · fictionalised
The prototype shown to a supplier
To get a manufacturing quote, a founder emails full CAD drawings and an assembly description to four contract manufacturers, three in India and one abroad. Three reply. One does not. Nine months later the company files a patent, and eighteen months after that discovers a very similar product from a manufacturer they never worked with.
What are the two separate problems here?
Disclosure
Sending enabling drawings to four companies with no confidentiality agreement is a disclosure to people under no obligation of confidence. Whether it amounts to making the invention available to the public is fact-specific, but the company would carry the burden of showing that each recipient was bound - and with one recipient who never even replied, that is difficult.
If it is treated as a public disclosure, it is prior art against the company's own later application.
Misappropriation
Separately, there is the question of what the non-responding manufacturer did with the drawings. Without an NDA the contractual position is weak, and India has no dedicated trade secrets statute - the claim would rest on the equitable duty of confidence, which needs evidence that the information was communicated in confidence.
The two problems compound: the same missing document that would have preserved novelty would also have given a contractual remedy.
What should have happened
- Filed before sending drawings out for quotation.
- Used a signed NDA with every recipient, including those who never quoted.
- Sent staged information - enough for a quote, not the full assembly - until an NDA was in place.
- Kept a record of exactly what was sent to whom and when.
Sourcing and patenting collide at exactly one moment: the day you send the drawings.
This scenario is a composite teaching example written by Ragulika IP. It does not describe any real client, application or matter, and any resemblance to a specific case is coincidental.
Sources & further reading
- The Patents Act, 1970 (consolidated to 1 August 2024) — Official IP India text
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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.
