To define the patent application, it can be emphasized as the process of securing an invention. The patent is preserving intellectual property by acquiring an absolute right over an invention. The invention should provide a new technical way or process of taking action regarding a product.
Through the initiative of the patent filing, the applicant plans to prevent others from making, using, or selling such inventions (apart from the patent holder). Section 11 A of the Patents Act, 1970 (hereinafter referred to as "the Act"), along with Rule 24 of the Patents Rules, 2003, provides for Patent application Publication.
The Patent Application is published after the expiry of eighteen months from (a) the date of applying or (b) the date of priority, whichever is earlier.
Within one month from the date of expiry of the period mentioned above, the patent application is published in the Official Journal by the Patent Office.
Patents cannot be published after the expiration period is over under the following circumstances:
In cases where secrecy directions have been issued, the patent application will be published as:
(a) After expiry of eighteen months from the date of filing or date of priority, whichever is earlier, or
(b)When the secrecy direction ceases to operate, whichever is later.
The published application provides the following details:
The types of patent applications in India are as follows:
From the date of publication to the date of patent grant, the applicant can enjoy the privileges and rights like the patent was granted.
But, the applicant cannot initiate the legal procedure for infringement until the patent has been officially granted.
After the application is published, the Patent Office makes the specification, abstract, drawings, and any other documents regarding the application filed available to the public.
Such information shall be made available on the website, and copies can also be provided for payment of the fee as specified.