I have an Indian (utility) patent pending (filed in November 2014) for a process related to improved aircraft engine type/class. I am thinking of filing a PCT International application for the same (in the remaining 1 month). I have found out recently that the 'general' method/idea (not the specifics) are published in a paragraph in one thesis. My Indian pending patent involves the specific details, like the component which will be used, of going about making the process useful/successful and it gives the best method of implementing it (which is published no where for the specific engine class that I have done). My method of doing a process includes the published 'general' method/idea (as mentioned above) with additions of subsystems. It is to be noted that the principle/process used is a science which is a patent in 2000's. The same patented process when implemented in automobiles, power-plants and specific airplane engines, got patented recently.

I do not know whether to go ahead with filing an international patent. I know that the published thesis includes a general way of doing the process (i.e. the whats/objectives), my pending patent talks about HOWS/ways of doing it with specifics for a specific class of aircraft engines (which has never been patented for this class of engines but have got patented in other class of aircraft engines, automobiles, power-plants, naval application etc.).

I am a PhD student in Aerospace engineering, cannot afford a Patent Attorney as of now, but know the techno-legal parameters of filing a patent application. Please help, I urgently need an advice. I do not want to waste the money by filing international patent application, if potentially it can be rejected.

1 Answer 1


If content is novel which is evident from your extensive search then you should file a PCT application with china or other india as searching authority (less fee option), based on PCT search report you can make more informed decision.

since said thesis was published after you filing it should be not concern, but you are advised to search non-patent lit. (e.g. journals etc) with said author or at-least his entire work group department (guide, professor etc.) which might give more insights.

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