Anand (Founder) 18 August 2014

Just realized my idea is already filed in another country

I have been working on a new product design for the past few weeks. We intend to file for an Indian patent in the next 2-3 months. However, while researching on the subject, I noticed that a very similar idea has already been filed in the UK/Australia. Another tangentially similar patent was filed in the UK and has expired since then

In addition to this, a product similar to my product idea is already in limited manufacturing both in India and abroad. I was not aware of these when I started working on the idea.

Now my question is, will my application be valid if I file for patent in India? If not, what is the alternative? Can I manufacture the product from say Bangladesh or Nepal where the patent hasn't been filed and import it in India?

Thanks a lot!

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3 Replies

Chetan Joshi (Advisory/Advocacy) 22 August 2014

The entire context of intellectual property lies on the concept of newness or an original idea. In your case since you say that the product is already in manufacture. I do not think your design can be patented.

Regards

Chetan Joshi

Arpit lalan (Legal Consultancy/Advocate) 26 August 2014

To further Mr. Chetan Joshi, please note that the patent can be filed in India and differently overseas as well. By filing one here in India does not mean a worldwide patent. are the other patents yet active? also, you can check with a patent agent as well. we do patent work

Anand (Founder) 26 August 2014

Thank you Mr. Chetan and Mr. Arpit.

>>To further Mr. Chetan Joshi, please note that the patent can be filed in India and differently overseas as well.

So if I understand this right, I can still file for a patent and possibly win this in India? We plan to market this product only in India. So just a patent right applicable in India will do for us.

The other patents are active but they are filed for US and UK. One another patent (that is slightly relevant) was published in USA and has already expired.

Thanks again for all the help.