Publication of patent application
What is Publication of Patent?
Publication of patent application is a critical stage in the patent prosecution. It ensures that the public is made aware of the invention and its applicant after 18 months of filing.
- Non-disclosure Period : By default, a patent application remains confidential for a prescribed duration of 18 months and is not accessible to the public during this time.
- Early Publication Request: The applicant has the option to request early publication of patent before the expiry of this period. If requested, and if there are no restrictions, the Controller must publish the application promptly.
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Mandatory Publication : Once the confidentiality period ends, the application is published unless:
- A secrecy direction is in force,
- The application has been abandoned or
- It has been withdrawn at least three months before the scheduled publication.
- Post-Secrecy Publication : If a secrecy directive had been issued, the application will be published either after the confidentiality period ends or once the directive is lifted (whichever occurs later).
- Content of Publication : The publication must include key details like the application number, filing date, name and address of the applicant, an abstract of the invention etc.
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Access to Technical Details :
- Biological materials mentioned in the application become available to the public.
- Specifications and drawings can also be accessed.
- Interim Rights of Applicant : From the date of publication until the patent is granted, the applicant enjoys similar rights as a patentee, except they cannot initiate infringement proceedings until grant.
Thus, publication of a patent not only initiates transparency in the patent system but also marks the beginning of provisional rights for the inventor, reinforcing the balance between innovation and public access.