Publication of Patent Application

The Journal by Patent Office is published every Friday with all the details mentioned above. In addition, the patent must be granted after the expiry of six months, i.e., from the date of publication in the patent journal.

The patent is an Intellectual Property granted for an invention. This right disallows others to make, use or sell such inventions (apart from the patent holder). Section 11 A of the Patents Act, 1970, along with Rule 24 of the Patents Rules, 2003, provides for the Publication of Patent application.

This article describes the elements involved in the Publication of Patent application as per the Act.

When is the Patent Application published?

The Patent Application is published after the expiry of eighteen months from (a) the date of applying or (b) the date of priority, whichever is earlier.

Within one month from the date of expiry of the period mentioned above, the patent application is published in the Official Journal by the Patent Office.

Under what circumstances the patent application is not published after the expiry of above eighteen months?

Patents cannot be published after the expiration period is over under the following circumstances: 

  • This happens when the controller directs them to keep it a secret, according to section 35 of the Act.
  • Wherein complete specifications were not filed within 12 months from the date of filing of Provisional Specification, and the application becomes abandoned as per section 9 (1) of the Act.
  • If the patent application is withdrawn before the end of the 15th month from the date of filing or the date of priority, whichever is earlier.

In cases where secrecy directions have been issued, the patent application will be published as:

(a) After expiry of eighteen months from the date of filing or date of priority, whichever is earlier, or
(b)When the secrecy direction ceases to operate, whichever is later.

The published application provides the following details:

  • Number of Patent Applications
  • Name of the Country
  • Name and address of the applicant
  • Name of the inventor(s)
  • Date of filing and Publication date
  • Invention title
  • Classification of International Patent 
  • Provide details like priority document number, priority date, priority country, international application number, filing date, and other priority details.
  • Reference in respect of Patent of Addition shall be the main application's application number and filing date.
  • Reference in respect of Divisional Application shall be the application number and filing date of the first-mentioned application.
  • Abstract
  • Number of claims
  • Number of pages

What are the effects of the publication of patent applications?

  • On the Applicant:
    On and from the date of publication till the date of grant of a patent, the applicant can enjoy the privileges and rights as if the patent had been granted on such date of publication of the application in the journal.
    But, the applicant cannot initiate the legal procedure for infringement until the patent has been officially granted.

  • On the Depository Institution:
    After the application gets published, the depository institution must make the biological material available to the public as mentioned in the specification.

  • On the Patent Office:
    After the application is published, the Patent Office makes the specification, abstract, drawings, and any other documents regarding the application filed available to the public.
    Such information shall be made available on the website, and copies can also be provided for payment of the fee as specified.


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