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DR.S.K.PRAKASH (Research Scientist)     15 March 2013

Copy of patent information and patented in other country

I have filed the patent in chennai patent office and I am going to publish my invention in scientific journal since I have already file the appilication.After my journal publication, if  any one in  US or in other country alters the one or two portion of my invention and gets patent in their country before I get the patent in our country how can I hold my patent rights for my invention or what I should do to hold right on my invention.Please any one give good suggestion



 5 Replies

subramanian (consultant)     15 March 2013

Patent protection is territorial in nature that means the patent should be protected in each country by filing applications in the countries in which protection is required.In your case if some one applies for a patent in USA for an improved invention later on, you can file an application for oppositon/ revocation of the patent based on your prior publication in the journal.


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Rajesh Hazra (Mediator and Legal Counsel )     16 March 2013

You may immediately file an PCT Application in India if you have completed 6 weeks from the date you filed the application at Chennai.




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prabha (patent agent)     20 March 2013

First of all please note that patent is a territorial right. So if you have a patent in India, you cannot stop anyone from practising the same in any other country except in India. However based on the publication you have made in the country, if anyone tries to get a patent by designing around your invention (as published in the paper), you may file third party observation/ opposition to the grant of the patent. At this stage I would suggest you file a PCT application at the Indian patent office. Also to keep a watch on the patents being filed by a potential infringer, you may visit the patentscope site fortnightly and check by name etc..There is an option to submit observation wherein you can submit additional prior art which the search authority has missed. Bibliographic data on file with the International Bureau ⇨ Submit observation Now that you are filing a patent and then going for publication, I am not sure how quick will be your publishing house, therefore just to be on safer side, please request an early publication at the India patent office by filing form 9 (Rs.2,500/- for natural person )
1 Like

prabha (patent agent)     20 March 2013

Dr prakash, are you working on HIV and nanomedicine ???????

DR.S.K.PRAKASH (Research Scientist)     20 March 2013

Yes I am working in HIV and nanomedicine

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