I receive many questions like this on social media platform named “Quora“. Therefore, I decided to create a post on the same subject to clear doubts of all individuals who have a query like this or mentioned below queries:
1.) If something has been patented in China, can it be patented in India?
2.) Can I patent an idea in one country when it is already patented in another?
“Mere Just an Idea is not patentable, You have to work on it”. Please check my detailed post “Is it possible to Patent an Idea“?In India or elsewhere, An invention is judged on three main aspects which are:
- Novelty.
- Non-Obviousness.
- Industrial Application and Enabling.
If you are patenting an invention which is already present elsewhere then it is definitely not new or novel. Therefore, Patent Office rejects your application and can’t grant you patent.
Also, Please note:
In India, You must sign “Form 5” which is Declaration as to Inventorship in which you have to declare that you are the true and first inventor(s) of the invention disclosed.
According to me, It is practically impossible to patent an invention which is already present if you are not true and first inventor(s) of the invention.
But, If you are true and first inventor(s) of the patent application and want to file patent in other countries then you can→
File PCT Application within 12 months of original filing.
*This post is for information purposes only. If you want legal assistance on Patent and Trademark-related work, You can contact us on our official Email admin@technowritings.com
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