I have a question about the delay of publication for patent filing. Hope someone could help to clarify my doubts.

I am trying to publish a journal containing results that are derived from the use of a material provided by a 3rd party (Provider). Before publishing, I was informed to submit my manuscript to the provider such that any information which is subjected for a patent application must be removed. I was also told to delay my publication for another 60 days for the provider to file a patent application.

Therefore my question is: 1) Why is there a need to delay my publication for the provider to file a patent application? 2) Is 60 days a standard duration given to provider to file the patent? 3) I have heard that 60 days is not a standard duration, in fact, any duration can be given to the provider for him to file the patent. Why is this so?

  • 2
    I believe the only means by which the 3rd party provider can make such demands are on the basis of a contract that was agreed to under which the material was provided. As such your question does not relate to patent law, but rather contract law. If you want to publish regardless, you're in serious see-a-lawyer territory; these are not matters that are remotely amenable to self-help. – Atsby May 14 '15 at 4:54

1) Why is there a need to delay my publication for the provider to file a patent application?

See, Patent systems first main pillar is NOVELY, they are restricting you to publish your content which might in any way destroys the novelty of application. Second pillar is INVENTIVE STEP you publication might make there invention obvious therefore they want you to delay the publication.

2) Is 60 days a standard duration given to provider to file the patent?

No, there are no standard duration to file patent; but for a broader picture a week or two is required to evaluate prior arts and what broadest can be patented and a week or two draft most compelling patent application with enabling disclosure. they might have informed you 60 days to make informed decision on IP rights to be filed on.

3) I have heard that 60 days is not a standard duration, in fact, any duration can be given to the provider for him to file the patent. Why is this so?

Its not standard but keeping account on drafting and prior-art evaluation, market situation and analytics its fair amount of time. In fact once patent application has been filed you can have publication.

on another note as our esteemed user Atsby stated in comment it also depend on what an agreement says?

Your Answer

 
discard

By clicking "Post Your Answer", you acknowledge that you have read our updated terms of service, privacy policy and cookie policy, and that your continued use of the website is subject to these policies.

Not the answer you're looking for? Browse other questions tagged or ask your own question.