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When patent application rejected by Indian patent office,now in High court against decision of Ipo. In this situation is my invention safe, mean can anyone use it without my consent?

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I am not a lawyer. I also know nothing about the Indian patenting process. I do have quite a number of international patents so what I write is of a general nature. I highly recommend you consult with an actual patent attorney.

Patent rejections are extremely common and part of the process of obtaining a patent. There is often a negotiation between the applicant and the patent examiner where claims are amended to overcome objections. There can be several rounds of rejections, so having an experienced patent attorney can be critical to the eventual granting of a patent. I've never had to appeal rejections to a "high court", but again, I'm have no patents in India.

Usually, if you finally obtain a patent, you gain the ability to sue anyone who infringes on the patent back to the day the patent was filed. If while the patent is pending, someone starts infringing, you could inform them of the potential infringement and they can decide whether to take the chance of potential damages should the patent be granted. There may be something different in India, but for most of the world, this is how it works.

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I am not a lawyer, but I can provide some general information about the safety of your invention while it is pending in court. It's important to consult with a qualified intellectual property attorney for advice specific to your situation.

When you file for a patent, trademark, or other intellectual property protection, it undergoes an examination process by the relevant government agency (e.g., the United States Patent and Trademark Office in the case of patents and trademarks). During this process, your invention is reviewed to determine if it meets the criteria for protection.

If your intellectual property rights are challenged in court, it means that someone believes your rights may not be valid or that they have a competing claim. In such cases, the court will examine the evidence and arguments presented by both parties and make a determination.

Here are some key considerations:

Presumption of Validity: When your intellectual property is granted protection (e.g., a granted patent or trademark), it comes with a presumption of validity. This means that, by default, your rights are considered valid unless proven otherwise in court.

Enforcement of Rights: You have the right to enforce your intellectual property rights, including taking legal action against those who infringe upon them. This includes the ability to file lawsuits to protect your invention.

Challenges: Competing parties can challenge the validity of your intellectual property rights in court. They may argue that your patent or trademark should not have been granted for various reasons.

Injunctions: While a case is pending in court, you may be able to request an injunction to prevent others from using or profiting from your invention if you believe your rights are being infringed upon.

Outcome: The final determination of the validity and protection of your invention will depend on the court's judgment. If the court rules in your favor, your rights will continue to be protected. If not, your rights may be limited or invalidated.

It's crucial to work closely with an intellectual property attorney who can guide you through the legal process, help you build a strong case, and protect your interests. The safety of your invention will depend on the outcome of the court proceedings and the strength of your intellectual property rights.

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  • Welcome and thank you for the contribution. I am not the down voter but I think their objection may be that your answer is not specific to the question which asked about the ability of anyone to practice an invention that is only in the application phase and not yet granted, specifically in India.
    – Eric S
    Sep 27, 2023 at 15:59

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