tag:blogger.com,1999:blog-1949935810569534550.post8406433960179431319..comments2023-08-17T14:09:24.945+01:00Comments on PatLit: the patent litigation weblog: Does India Follow “First to File” or “First to Invent” Rule in Patent Filing?Unknownnoreply@blogger.comBlogger2125tag:blogger.com,1999:blog-1949935810569534550.post-13948088869703696352014-12-01T10:36:55.993+00:002014-12-01T10:36:55.993+00:00You are confusing the two terms. Wrongful obtainin...You are confusing the two terms. Wrongful obtaining of an invention is different from an independent, parallel invention.<br /><br />While in the US, your lab note book can establish that since you were the first to 'invent' it, you have the right to patent it, though someone else filed for the patent first and this second filer's lab note book (or similar evidence) establishes that the date of this invention is later to yours.<br /><br />However, in India, in case of a similar situation, whoever, files first for a patent-irrespective of who first 'invented' it, gets the patent. No interference proceedings available/entertained.<br /><br />The sections you are referring to merely provide remedy against 'inventions obtained wrongfully'. For example, employer usurping employees' right or a guide claiming the invention of his/her student.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-1949935810569534550.post-41679523326607238942014-09-12T13:56:07.194+01:002014-09-12T13:56:07.194+01:00Insightful piece!
However, on the last argument: ...Insightful piece!<br /> However, on the last argument: if a person doesn't want to file for a patent but want to preserve it as a trade secret...isn't that the voluntary risk he takes when it comes to trade secrets? Once somebody can ape it and applies for a protection, it is no longer a secret. If one chooses to let a trade secret remain a 'secret' one is probably confident enough that the secret is well-guarded. <br />A policy counter to that could be: If a person is ‘first to invent’ but doesn’t file for a patent, it probably makes sense to grant this patent then to the person who is the ‘first to file’ (because they wish to disclose their invention and that is quintessential in many industries, for example, the pharmaceutical industry).Akansha Sethnoreply@blogger.com