What is universal novelty,can my invention get protected ?


I have filed the patent application in Chennai patent office on 11/07/2014 and they published it 0n 06/11/2015.I did not go for PCT within 12 months thing that we have time upto 30 months from filing date.

Now I was told you don't have protection for your invention unless you file the PCT and enter subsequently in respective countries national phase.In such case why they call it as unversal novelty?

Anyone can say how can I protect my invention in international level at this scenario!

 
 
Reply   
 

Dear Dr.Prakash, 

You should have filed your PCT patent application before 12 months from the Indian patent application, ie., 11/07/2014.

Since, you have crossed 11/07/2015, and also your application is published, you can not file PCT application or any country outside India.

To understand more, you may read, How to file patent outside India?

 
Reply   
 


consultant

Dear prakash

universal novelty means the invention should not be known anywhere in the world on the date the patent application is filed. If you had filed PCT application within the time you could  have overcome this objection when you decide to file application in the designated countries.Now that the patent specification is published ,and now when you file it in say USA it would be objected on the ground of novelty as it is known to the publis because of publication on the date the patent application is filed in USA.Parent protection is territorial in nature and hence it has to be filed preferably in all countries where protection is required simultaneously which is a costly thing.

T.R.Subramanian

ex controller general of patents ,designs and trademarks.

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

Search Forum:








×

  LAWyersclubindia Menu