Patent and Invention Help Forum

Publication Issue

Publication Issue
« on: May 03, 2016, 02:13:57 AM »
Hello Brad
I have one question. I have an option of publishing my patent after one month by filing form 9 in the Indian Patent Act. Otherwise it will take 18 months to publish. Which idea is better. To publish early or to get it publish after 18 months.
What are benefits to get the patent publish after one month or after 18 months. Please tell me the benefits for both..


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Re: Publication Issue
« Reply #1 on: May 03, 2016, 03:38:21 PM »
Sorry I don't know about rules and strategy in India but in the US it may be beneficial to publish early to establish "provisional rights". 

The American Inventors Protection Act, 35 U.S.C. § 154(d) gives the inventor provisional rights to essentially get Damages for pre-patent grant infringement by another:

“patents issuing on published applications will include the right to obtain reasonable royalties from others who, with actual notice of the published application, made used, sold, offered to sell, or imported the invention as claimed in the published application before the patent was granted.”

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