DR.S.K.PRAKASH (Research Scientist) 20 March 2013
What is the holding rights of one researcher over his invention by publication and patent.If the invention is copied when we submit the proposal to regulatory authorities for permission,grants etc, they reject it saying various reasons and if some one use it later how I can hold the right over it ,how to procede when I submitt the proposal to GOI and to hold my rights.Please let me know
File a patent application (provisional/complete) before publishing the invention in any journal/ anywhere.
If a patent was filed, no one can patent your invention.
If your patent application was granted, no one can patent/ commercialise your invention.
As per section 30, your invention is not anticipated by previous communication to the government.or any person authorized by the govt for the purpose of inventigation.
Sy.patents (Freelance) 20 April 2013
Regulatory bodies are public authorities and they are bound to disclose certain info in public interest. We have RTI act also where one can request info. However the public authorities are not bound to disclose such info which is commercially sensitive/trade secret/confidential nature under the RTI act. In such cases the public authority first needs to check with you before disclosing such info. If they breach this provision, you can take them to court.
I agree with navya's suggestions.....better to file patent and insure yourself from risks of inadvertent disclosures which could compromise patent protection.
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