Patents reward inventors by granting exclusive rights over their inventions, but the protection only works if the invention meets strict conditions—above all, novelty. Any public disclosure before filing, even something as simple as a lecture or presentation, can raise doubts about whether the invention is still “new” under the law.
This raises an important question for academics and researchers: what happens if you share your work before filing? Suppose you present your invention in a university lecture. Does that disclosure mean you’ve lost the ability to patent it in India?
Understanding IP is not just for lawyers and corporates; it is for anyone who dares to create.
Imagine this: you worked hard to develop an idea into a lab-scale invention. Before filing a patent, your university invites you to give a lecture. Excited, you present your invention to students and faculty. Later, you wonder: Did I just lose the chance to get a patent because I disclosed my invention publicly?
This is a very common dilemma, especially for academics and researchers. The issue arises because one of the most basic requirements for getting a patent anywhere in the world is novelty: your invention must be new. The moment you disclose it in public (through a lecture, publication, or even a presentation), its novelty may be compromised. And since India follows the “first to file” rule, meaning whoever files first gets the right, you may face difficulties if you publish or present before filing.
1. Patentability Criteria in India
To get a patent granted in India under the Patents Act, 1970, an invention must satisfy three main conditions:
- Novelty – the invention must not have been disclosed publicly anywhere in the world before the filing date.
- Inventive Step – the invention must not be obvious to a person skilled in the art.
- Industrial Application – the invention must be useful and capable of being made or used in industry.
If you present your invention before filing, examiners at the Indian Patent Office (IPO) may treat it as “prior art” and reject your application on novelty grounds.
2. The Legal Safeguards – Sections 29 to 34
The Indian Patents Act 1970 provides some relief in certain situations. Sections 29 to 34 explain what kinds of public disclosures do not destroy novelty.
Specifically, Section 31(d) says that if the true inventor presents a paper before a learned society (like a professional or academic group) or if such a paper is published in the society’s records, the invention will not be considered anticipated, but only if the inventor files a patent application within 12 months of the disclosure.
Further, Section 34 reinforces this by saying that a patent cannot be refused or invalidated if the disclosure falls under Section 31.
3. The 2024 Amendment – New Rule 29A and Form 31
Earlier, inventors informally relied on Section 31’s grace period. But with the 2024 amendment to the Patent Rules, the government formally introduced Rule 29A, which lays down the procedure to claim this 12-month grace period.
- Inventors must now file a Form 31 with the Indian Patent Office.
- The form should give details of the disclosure (where, when, how) along with evidence.
- A fee of INR 2,500 must be paid.
So, if you lecture before filing, you can still apply for a patent within 12 months, provided the event qualifies as a government-notified exhibition or a presentation before a learned society, and you file Form 31 in time.
But here’s the catch: not all conferences or seminars are “notified” by the Government of India. This makes the safeguard tricky to use in practice.
4. Best Strategy in India: File First, Present Later
Given these complications, the safest advice is always: file your patent application first, and then disclose publicly.
If you are not fully ready with experimental results, you can still file a provisional patent application. This gives you a priority date (the date that secures your rights) and allows you 12 months to file the complete specification with all data. Once you file a provisional, you are free to present or publish your work without fear of losing novelty.
5. Global Comparison of Grace Periods
Different countries handle this issue differently:
- United States – Provides a 12-month grace period under the America Invents Act (AIA). Disclosures made by the inventor or obtained from the inventor do not destroy novelty if filed within 12 months.
- Australia – Also gives a 12-month grace period, introduced under the Raising the Bar Act, 2013.
- Japan – Offers a 6-month grace period, but inventors must submit a statement about the disclosure while filing.
- Korea – Similar to Japan but more generous, with up to 12 months.
- Latin American countries (Brazil, Argentina, Mexico, etc.) – Usually allow a 12-month grace period, but the procedures vary.
- Europe (EPC) – Very strict. Any disclosure before filing destroys novelty. No grace period.
- ARIPO (African Regional Intellectual Property Organization) – Same as Europe, requires absolute novelty.
Thus, if your research has global potential, early filing is essential because rules differ widely across jurisdictions.
6. Key Takeaways for Inventors
- In India, disclosure before filing is risky, unless it falls under Section 31 exceptions, and you follow the 2024 rules with Form 31.
- Even with safeguards, qualifying events are rare, so the safest route is to file first.
- A provisional application is a smart option for researchers who are still collecting data.
- In some countries, like the US, Japan, and Australia, inventors enjoy grace periods. But in Europe and ARIPO regions, no grace is allowed at all.
- In today’s global research environment, where collaborations and publications are common, strategic patent planning is crucial.
7. Conclusion
Presenting your invention in a lecture before filing a patent application can seriously endanger your chances in India, because novelty may be lost. While Section 31 of the Indian Patents Act 1970 and the new Rule 29A with Form 31 provide a 12-month grace period in specific cases, these safeguards are narrow and hard to rely on.
The golden rule remains: “Patent first, publish later.” Filing even a provisional application gives you peace of mind and freedom to share your ideas without losing rights. Researchers, especially in universities, must treat patent filing as a parallel step to research publication and presentation. This way, your hard-earned invention can be protected in India and abroad.