I want to patent an algorithm in India. I have done enough prior art and I am sure that no such algorithm exists till date.

The problem is I have also written a research paper for the same and submitted in a reputed conference. The paper is yet to be accepted and published. After doing some research on Internet I came to know that for getting a patent it must not be in the public domain or published anywhere.

So, if I file a provisional patent application before the paper (if selected) gets published then are there any chances of patent denial. Is that so that the patent must be granted (which takes around 3 to 4 years long) before it can be published or one can publish it after filing a provisional patent application?

Also I came to know that even after it gets published in journal one gets a grace period of 12 months to file a patent, here (Question 10). I really don't have much idea about Section 29-34 as mentioned in the link hence would like to know that in what way it can affect me.

1 Answer 1


The manuscript should be considered to be confidential until publication, unless the submission process makes it publicly available (e.g., via a web site). This means that you have time to file a provisional application. Do this as soon as possible, establish your Priority Date and get your Provisional Patent number.

Mark every publicly accessible copy of publications, presentations, posters, white papers, web sites and software with a disclaimer that the method falls under a provisional patent, and include the provisional patent number, application number or grant number on everything that discloses a part of the invention.

Do not provide any Open Source implementation of your algorithm, as it will weaken or invalidate your patent claim.

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