CS Professional · Intellectual Property Rights - Law and Practice · Types of Intellectual Property
Arjun, a Pune engineer, designs a new method of purifying water using a known filter and a novel chemical sequence. He publishes the full method in a journal and files a patent application nine months later. Which is the most accurate view?
The application faces a serious novelty objection. Arjun's own journal publication made the invention public before he filed, and novelty is judged at the filing date. India follows a first-to-file system, and no general nine-month grace period saves such a disclosure.
- AThe application is safe, since publication by the inventor himself never affects novelty
- BThe application faces a serious novelty objection because the invention was disclosed to the public before filingCorrect
- CThe application is valid because patents are granted on a first-to-invent basis
- DThe application is valid because a nine-month gap is always allowed for any disclosure
Explanation
Novelty requires that the invention not be publicly known before the filing date. Arjun's own publication is prior art unless a narrow statutory grace exception applies, which cannot be assumed. India follows first-to-file, not first-to-invent, so those options fail.
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