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When should an application for a patent be filed?

When should an application for a patent be filed?

A Patent is a statutory right for an invention granted for a limited period of time to the patentee by the Government, in exchange of full disclosure of his invention for excluding others, from making, using, selling, importing the patented product or process for producing that product for those purposes without his consent.

Filing of an application for a patent should be completed at the earliest possible date and should not be delayed. An application filed with provisional specification, disclosing the essence of the nature of the invention helps to register the priority by the applicant.

Delay in filing an application may entail some risks like –

  •  Other inventors might forestall the first inventor by applying for a patent for the said invention
  • There may be either an inadvertent publication of the invention by the inventor himself/herself or by others independently of him/her.

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