Under certain conditions, even in India it is possible to have patent on disclosed invention.
There are countries where it can be done and others not. Depends on the legislation of each country, several countries give a period of 12 months after the submission of the application, another 6 months and others do not give that possibility. It is always better to patent first and then publish, in our country (Cuba) the patent application is considered scientific publication.
En español
Existen países donde se puede hacer y otros no. Depende de la legislación de cada país, varios países dan un plazo de 12 meses posterior a la presentación de la solicitud, otros 6 meses y otros no dan esa posibilidad. Siempre es mejor patentar primero y luego publicar, en nuestro país (Cuba) la solicitud de patente se considera publicación científica.
If the paper is what is called 'non teaching' my experience has been it is patentable.
Yes, anyone can apply for a patent at this time, because this will not be published (only published at 18 months after first presentation, it named priority date) therefore will not found on any search that person performs. As for the number of inventors, there may be several but those declared in the initial application.
No, in a research project that is a possible patent, the patent application must first be anticipated before publishing in another way. The problem is that you can break the novelty requirement. Everything always in dependence on the legislation of the country
It is always better to file the Patent Application first before publishing your work in research journals/ scientific journals.
After you file the patent, you can proceed for publishing your work in journals or elsewhere because, the works after the date of filing patents will not counted as a Prior Art.
I hope you find good answers here:
https://www.iprhelpdesk.eu/sites/default/files/newsdocuments/Patenting_v._publishing_0.pdf
Yes, you can file a patent within 12 months of your published research work.
The 12 months is not the same in all laws. We recommend consulting the law of the country where we want to make the application
I published my research in a journal few weeks ago at that time I don't have Idea to patent it. Can I now Patent my Work after Publishing?
It's subjective; depending on what is obtainable in your own country!
Yes, you can file a patent within 12 months of your published work but It is always better to file the Patent Application first before publishing your work in research journals/ scientific journals to protect the inventive step criteria in a patent.
refer:
http://www.ipindia.nic.in/writereaddata/Portal/Images/pdf/Final_FREQUENTLY_ASKED_QUESTIONS_-PATENT.pdf
No, but the inverse is, you have to file the patent first and then publish the work, this is legal in most countries, however, your patent will no longer be protected and meaningless if somehow most of its details are publicly publishes, some researchers file up patents and publish some parts of it with no problems.
Best,
Take a look:
https://www.sciencemag.org/careers/2001/10/patent-first-publish-later-how-not-ruin-your-chances-winning-patent
Yes, Dr.R.V.S. Lalitha, that is the order, first patent and then publish, because otherwise it breaks with the requirement of patentability, a world novelty, that is, the result to be patented does not yet form part (at the time of filing a patent application) of the state of the art.
There is a grace period one year from the publication of the paper to send the application.
Valid what Thomas says, but it is not the same in all countries, you must consult the patent law of your country.
Please be informed that in India , the invention which has been either published or publicly displayed cannot be patented as such publication or public display leads to lack of novelty.
However, under certain circumstances, section 31 (d) of Patents Act provides a grace period of 12 months for description of the invention in a paper read by the inventor before a learned society, or published with his consent in the transactions of such a society.
Here interpretation of learned society and transaction is missing. Pl. go through...https://www.lakshmisri.com/News-and-Publications/Archives/Publication/Internet-publications-applicability-of-learned-society-exception
Thanks and kind regards
Samita Kapoor (Ms.) | IP Attorney
LL.B; M.Sc.; Patent Agent IN/PA - 1114 M: +91 9160 775 550 | E: [email protected]
Yes. You can patent a published work. Provided that you file the patent in less than 12 months since the publication of the paper. Refer to Page 4 of this pdf file from Indian Patent Office. https://ipindia.gov.in/writereaddata/Portal/Images/pdf/Final_FREQUENTLY_ASKED_QUESTIONS_-PATENT.pdf
In some countries there is a grace period (six months and one year) in others this prerogative does not exist. The legislation of each country where the request is intended to be made should be consulted.
- Badges
- Science topic
- Similar topics
- Linguistics
- Composition Studies
- Publication