If I want to patent an invention, can I discuss (poster presentation) in a scientific meeting regarding the same prior to patenting it ?
In other words, if once presented in a scientific meeting, can I patent an invention after the presentation?
Please give any reference if possible and details regarding the Indian patent laws would be helpful.
Don't. Having done some patenting myself as a researcher, I'd say you could play it safe using international patent law (read:www.epo.org find "Guide for applicants" )
You should get a priority date by starting applying for the patent (in some cheep country). Then you can go ahead and publish. Depending on how you want to exploit your patent you must be careful of what you thell who - any form of disclosure could harm you. use Non-disclosure agreements if you want to disclose your invention to a third party before filing a patent application.
Do a good search for 'prior art' using the EPO site or USPATENTS databases to make sure you have something to patent before investing money.
Finally consider if you REALLY want to patent. If you are employed maybe our employoer gets the rights by law, but it could be that you find that you want to exploit your patent yourself.
If its worth a patent is also worth a peer reviewed publication wich maybe is more worth to you.
Hope it was helpful.
I'm not sure about India's patent system, but the U.S. has provisional patent applications. A provisional application is inexpensive to file and serves as a one-year placeholder. Researchers in your position will often take their poster presentation and file it as-is. Then after year, you would convert the provisional application to a non-provisional application, which has more significant statutory requirements and filing fees. Let me know if you have any questions.
Just to be clear, you would file the provisional patent application prior to presenting your poster.
Provisional patent applications are available in India. It is my understanding that Indian provisional applications are similar to U.S. patent applications, although you may want to consult an Indian patent professional.
I agree with Mr. Volk regarding provisional applications, with one potential concern. If there are elements of your final invention, or embodiments of your invention, not disclosed in the provisional application, there may be issues regarding support for the final non-provisional application. I have run into situations where the priority date is questioned due to inadequate support.
Before filing your poster as a provisional application, consider whether any additional features need to be included in a patent application. If so, write a description of these features and include it as part of the provisional application. For example, let's suppose you are patenting a process. if there are three variant methods of carrying out your process, but you only describe one method in your poster, the other two methods should be described and included with the provisional application.
you can present your poster presentation, but you should be careful enough not to disclose the core technical details of your inventions. you should file for the patent within 12 months from the date of disclosing.
The Indian Sec-29, 31 talks about the previous publication.
the complete sections from 29-32 talks about anticipation.
You should also consider that the patent application would not be published before 12 months (or 18 month for PCT). Think twice if earlier publishing - be it a poster or an article - is worth more than exclusivity of information. You likely generate fast followers that use your information for a subsequent invention. Publishing too early can be detrimental to the marketing of your invention. If you don't want to market your invention, don't file a patent application.
European patent law needs absolute novelty... countries where absolute novelty is mandatory... there you will lose priority....
Hello abhiram,
According to Indian patent act you can disclose your invention in poster presentation.
But if you want to file for patent, first check whether your invention is novel or not.
then you should file your patent application in Indian patent office within 12 months.
If anybody file a patent after disclosure of your invention in public, you can file later and also there is a chance to get granted patent.Because you are first dis closer and you invention will be the prior art for further developments.
according to Indian patent act If your invention posses these 3 requirements 1)novel 2)non obvious 3)Utility .You will get granted patent.
Means we can not file a patent application for a invention which in public domain.
That why you have to prove that disclosed invention is yours and you should submit provisional or complete specification (patent application) with in 12 months from the disclosure.
If you have any queries regarding the same, you can share with me.
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