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Can published or disclosed inventions be patented in India?

Publication of an invention before filing of a patent application would disqualify the invention to be patentable as the disclosure of invention by way of publication is detrimental to novelty of the invention.

Hence, inventors should not disclose their inventions before filing the patent application. The invention should be considered for publication after a patent application has been filed.

However the Patents Act does specifies certain conditions under which a grace period of 12 months for filing application is given even after publication.

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