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When is an application for patent published by the Patent Office in India?
Every application for patent is published after 18 months from the date of its filing or priority date whichever is earlier. Where the request of early publication if filed, the application id publishes within one month from the date of such request. However, following applications are not published.
- Application in which secrecy direction is imposed
- Application which has been abandoned u/s 9(1) and
- Application which has been withdrawn 3 months prior to 18 months
The publication of every application includes the particulars of the date of application, number of application, International classification of the invention, name and address of the applicant and the inventor, title, abstract, number of pages and number of claims in the application.
