Filing Request for Early Publication
A patent is an exclusive right granted to an inventor for an invention that protects the inventor against any unauthorized use of such a patent, the patent is mostly granted for a period of 20 years and the patent holder can take legal action against any unauthorized use of such patent. The patent holder has the right to grant an exclusive or non-exclusive license to use the patent to anyone for a specific period, the patent holder shall receive consideration for the license. The licensee’s rights to use the patent shall be limited and the licensee shall pay a royalty to the patent holder out of the profit made by use of such patent.
Therefore, we can say a patent is basically the granting of protection to an invention, which is a means of doing something new or providing a new technical solution to a problem. However, there are some inventions that might not get patents such as discoveries, mathematical methods, commercial methods, plants and animal varieties, scientific theories, etc. Also, methods, surgeries, and treatments that are done on humans and animals do not get patented in some nations.
The provision for early publication is given under Section 11A(2) of the Indian Patents Act, 1970, which states that "The applicant may, in the prescribed manner, request the Controller to publish his application at any time before the expiry of the period prescribed under subsection (1)1 and subject to the provisions of subsection (3)2, the Controller shall publish such application as soon as possible".
Applicant
An application for a Patent for an invention may be made by any of the following persons either alone or jointly with any other person:
- True and first inventor
- True and first inventor‘s assignee
- Legal representative of deceased true and first inventor or his/her assignee
Filing Patents in India:
– This includes filing the application at the Indian Patent Office and complying with all the formal requirements.
Early Patent Publication:
– After the application has been filed, the application is published by the Indian Patent Office for public inspection in an official journal.
– Upon the publication of the application, the applicant has privileges and rights as if the invention has been granted a patent on the date of the publication. Damages can be claimed from the date of publication of the application in India. However, the applicant can file an infringement suit only after the grant of the patent.
– Any person can file a pre-grant opposition at the Indian Patent Office in order to challenge the grant of the application, any time after the publication of the application but before the grant of the patent.
Advantages of Early Patent Publication:
- By default, any publication gets published after 18 months of filing but if one requests for Early Publication, it gets published in 3-4 weeks.
- Patent rights start from the date of publication.
- The applicants who opt for this request gain qualification and become aware, to use their rights a bit early in the patent grant process.
- On and from the date of publication of the application for the patent and until the grant of the patent, the applicant has rights and benefits of the patent holder as if the patent for the invention has been granted to him on the date of publication.
- When any infringement happens, the applicant can claim damages from the date of publication. Therefore, it forms as a major advantage of Early Publication.
- Another valid reason to opt for early publication is that after the commencement of early publication the applicants have a whole application to show to the potential investors, instead of just an application number for 18 months.
- No suit or other proceedings shall be commenced in respect of an infringement committed prior to the date of publication of the application, meaning that publication of the application is critical to initiate any suit or any other proceeding.
- The period within which the Controller shall refer the application and specification and other documents to the examiner in respect of the applications where the examination request has been received shall generally be one month from the date of its publication or one month from the date of the request for examination whichever is later.
Process for Early Publication:
- Once the Patent Application is filed, it will be published by the IPO after Eighteen (18) months in the Official Gazette of the IPO for the Public.
- Publication of Patent Application is an automatic process; it does not require any request from the Patent Office in India.
- However, if one wishes to publish early, a request for early publication can be filed by the Applicant to the Patent Registration Office.
- Upon the publication of the application, the applicant has privileges and rights as if the invention has been granted a patent on the date of the publication. Damages can be claimed from the date of publication of the application in India. However, the applicant can file an infringement suit only after the grant of the patent.
- On filing early publication, Patent Application can be published within thirty days from the date of filing of the request.
- Any person can file a pre-grant opposition at the Indian Patent Office in order to challenge the grant of the application, any time after the publication of the application but before the grant of the patent.
Service Inclusions
Professional Fees
Service Exclusions
GST, Government Fee, and other Additional Taxes
Process followed by White Code Legal:
- The Client has to register themselves on our website.
- Once the Client is registered, we raise a Service Request.
- The Client receives a proforma invoice with an option to confirm and pay now or late
- Once the Client confirms, our dedicated relationship manager liaisons with our experts and clients share a list of client information required to deliver the service.
- Once we receive the information, we take the required steps to deliver the service and the service request is closed.
Why White Code Legal?
At White Code Legal we prioritize and always strive to deliver excellence. Keeping the focus on maintaining affordable prices and delivering 100% client satisfaction we aim to make worth every penny our clients spend with us and build a lasting relationship with them.
