How to apply for patent

634 votes

Friend,
It is correct that once product is already in the market then it cannot be patented.But there are some loopholes.In case you are serious then let us know we can study your case and try to make out if research only case can be made out or some other case can be made out.Research doesn't tantamount to launching in the market.We will take complete brief and then advise.
Regards

Advocate Rishi Kulshresth LawRato

746 votes

if its already in market you cannot....as prior art if known it cannot be patented...but still you can protect in another IPR Fields...for any details please take an appointment for same and discuss as the same is very lengthy process....

Advocate Nupur Sachdeva Singh LawRato

910 votes

Wow, I am sorry for this expression in england we never seen this kind of enquiry, what make you think after 8 months for patent registration. What of someone before you have already develop replica of your mobile app and file a patent before you. To check the invention is already there or not you have to run prior art search report and validity/invalidity report so any patent agent/or law firm than only can tell you whether your invention is fall under the clause of novelty terms.

This affairs will cost you more than earlier protection because you have to make sure that your invention is novel because if you keep using this invention who is not novel and protected as patent by someone else , sooner or later they will file infringement case against you or may be shut down your entire operation. I strongly advise you to check your invention asap to avoid future risk. If you can't afford IP law firm or patent agent fee, talk to us we will tell you the way to get prior art serach done from as minimum as for 3000 rupees.

Advocate Nischal Arvind Singh LawRato

808 votes

Fyi- patents in softwares is not possible in India. However, patents in software with hardwares in certain conditions is possible. Coming to your query, if you have launched your product, patent protection is not possible. However, in-law there are exceptions/defences to almost every rule. kindly seek consultation to know the available options. Each days delay with cost you dearly later.

Advocate Rishi Raj Sharma LawRato

509 votes

Hi,

From your query it is not possible to know the complete facts of the case and in this situation it is difficult to clarify and advise you correctly. You are suggested to provide the complete facts.

Advocate Ganesh Singh LawRato