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THE PATENT ROOM™ My Invention Has Been Published in a Reputed Journal, Can I Now File a Patent Application for that Invention?

  Ideas are everywhere. But protecting them? That’s where the real story begins. Let’s talk about a problem many researchers and inventors face — you’ve spent months refining your idea, your results are finally solid, and your work gets published in a reputed journal. Then, it hits you:  can I still file a patent for this invention? It sounds like a simple question, but the answer can decide whether your innovation stays yours or becomes public property. Once your invention is out in the world through a journal publication, even one written by you, it may lose its “novelty” — the very quality needed to qualify for a patent. But there are exceptions, nuances, and smart ways to protect your work without sacrificing academic recognition. Understanding IP is not just for lawyers and corporates; it is for  anyone who dares to create. Here’s what you need to know before you publish that next breakthrough. The Publication Predicament Imagine you have poured months maybe years in...
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The Inventor’s Race: How to Accelerate the Patent Process in India

  In India, getting a patent can make or break a business or innovator. The usual process drags on for years, which doesn’t work in today’s fast, cutthroat market. Fortunately, the Indian Patent Office (IPO) has ways to speed things up, helping protect and profit from inventions faster. This article explains the best ways to fast-track patent grants, who can use them, and practical tips, including how   Patent Cooperation Treaty (PCT)   applications can move quickly in India. Normally, a  patent application goes through filing , publication (usually after 18 months), examination (which must be requested within 31 months from the priority or filing date for applications filed on or after March 15, 2024, or 48 months for older ones), and then a grant if everything checks out. This can take 3-5 years because of backlogs. Fast-track options can cut this down to months. Expedited examination, under  Rule 24C of the Patents Rules, 2003  (as amended), gets the Fir...
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Why IP Valuation Matters In Mergers, Acquisition And Fundraising

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  IP Valuation in Mergers and Acquisitions In today’s knowledge-driven economy,  intellectual property (IP)  often represents the most valuable asset of a company. During mergers and acquisitions (MA), businesses are no longer just evaluated on their tangible assets or revenue figures, but also on the strength of their patents, trademarks, copyrights, trade secrets, and other IP rights. Without proper  IP valuation , acquirers risk underestimating or overestimating a target company’s worth. Importance of IP Valuation in MA Mergers and acquisitions involve complex negotiations where the value of  intellectual property  can significantly influence deal terms. A strong IP portfolio — whether it includes  patents under Indian Patent Law , registered  trademarks , or copyrighted software — can substantially enhance a company’s market position and justify a higher valuation. For buyers,  IP valuation  provides clarity on the potential of innov...
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The Patent Room™: Patent Pending vs. Patent Granted: What’s The Real Value Difference?

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  Ideas are everywhere. But protecting them? That's where the real story begins. Welcome to The Patent Room, a space where innovation meets insight. Whether you are an aspiring inventor, a founder building somethingextraordinary, or just someone curious about how the world of patents works, this series is designed for you. We are not here to throw legal jargon or heavy handbooks your way. Instead, we are pulling back the curtain on the patent world one story, one myth, one question at a time. Understanding IP is not just for lawyers and corporates; it is for anyone who dares to create. So, grab your curiosity. Take a seat. The door to The Patent Room is already Open. Come explore with us. 1. The Innovation Illusion Imagine you have invented something groundbreaking. Your patent application is filed, but the grant is still months, maybe years away. You start wondering: "Does my patent even have value until it's granted?" It's a question we hear all the time from I...
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Understanding An Invalidity Patent Search: A Layman’s Guide

 In today’s world of innovation, patents play a crucial role in protecting new inventions. However, sometimes a granted patent may not be as strong as it appears. The patent may have been issued even if the invention covered may not be as new or inventive as initially thought and that’s where an invalidity search becomes relevant.  An invalidity search is a legal and technical method used to contest the validity of an  issued patent . By identifying prior art (existing patents/patent applications, publications, or other sources in the public domain) that predates the patent’s filing date, this search helps demonstrate that the patent is either  not novel  or  obvious —two key criteria for obtaining a patent. Now, we will break this down and explain why it’s important, and how it works in simple terms. Invalidity Search-Meaning An  invalidity search  involves finding evidence that can  invalidate  a granted patent. Essentiall...
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The Rise of Meaningless Letters as Trademarks: A Threat to Trademark Integrity

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 A concerning trend in  trademark filing  is unfolding within the global Trademark Registries. Increasingly, applications composed entirely of arbitrary or meaningless letter sequences, such as “HZTLPQYKGF” or “XQMPNJDHZT” are being submitted. On the surface, these applications may seem non-threatening. However, upon a closer perusal, these marks lack phonetic coherence, semantic meaning, or cultural association. This trend raises serious questions about the purpose of trademarks, the integrity of  intellectual property systems , and the broader impact on global commerce. The True Purpose of a Trademark A trademark is fundamentally a source of origin. It helps consumers distinguish the goods or services of one entity from those of another. The effectiveness of a trademark rests on its ability to be recognized, recalled, and associated with a particular source. Marks that are too abstract, obscure, or non-distinctive fail to serve this essential purpose. ...
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Clarifying Section 3(j) of the Indian Patent Act: Key Ruling

  Introduction  As India transitioned into the neo-knowledge economy based on the creation and subsequent commercialization of Intellectual Property Rights (hereinafter the “IPR”), and the underlying product or process thereof, just and binding observations and interpretations of the corresponding  Indian Patent Act  (hereinafter the “Act”) are needed for a faster and flawless prosecution. Many of the sections in the Act are subject to individual interpretations, and in the absence of case law from a higher Court, such interpretations are tantamount to individual discretion, something a judicial system should avoid. Brief Facts of the Case Involving Section 3(j) of the Indian Patent Act One such unaddressed issue was the interpretation of Section 3(j), which has finally been clarified by the Hon’ble Calcutta High Court in the matter (SR/55/2020/PT/KOL) of BTS Research International Pty Ltd vs. the Controller of Patents & Designs & Ors. The petiti...
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