Publication of Patent Application

The Journal by Patent Office is published every Friday with all the details mentioned above. In addition, the patent must be granted after the expiry of six months, i.e., from the date of publication in the patent journal.

The patent is an Intellectual Property granted for an invention. This right disallows others to make, use or sell such inventions (apart from the patent holder). Section 11 A of the Patents Act, 1970, along with Rule 24 of the Patents Rules, 2003, provides for the Publication of Patent application.

This article describes the elements involved in the Publication of Patent application as per the Act.

When is the Patent Application published?

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.

Under what circumstances the patent application is not published after the expiry of above eighteen months?

Patents cannot be published after the expiration period is over under the following circumstances: 

• This happens when the controller directs them to keep it a secret, according to section 35 of the Act.
• Wherein complete specifications were not filed within 12 months from the date of filing of Provisional Specification, and the application becomes abandoned as per section 9 (1) of the Act.
• If the patent application is withdrawn before the end of the 15th month from the date of filing or the date of priority, whichever is earlier.

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.