As we all know, IPR in totality is negative right and it’s supposed to be used fairly for building brand and credibility of the business. We expect businesses to operate ethically.
Due to various reasons, there is a delay in getting Patent Grant, which is advantageous as well as disadvantageous to the Business.
What are they:
- The Applicant can use Patent Pending status for an extended period,
- This Status can be used for Patentable as well as non-patentable invention,
- This can create an unnecessary dilemma in the minds of competitors about the validity of the patent, which they don’t check and instead prevent entering into that particular product domain,
- This “Patent Pending Status” is often confused by the Civil Force with copyright and sometimes premises of the opposite part are raided and ceased, which is not correct,
- This may lead to non-reparable defamation to the opposite party,
- This creates unnecessary fear amongst the competitors,
- Generally, courts do not admit infringement case when the patent application is still pending for the grant, but recently the courts have admitted cases because according to IPC, you should take action within stipulated time period from the date of offense, which is again advantageous to small business,
- The granted Patent application is enough to get immediate injunction relief sometimes.
Kindly, take appropriate action and prevent your self from unnecessary trouble.