Filed a Patent? Here’s Why That Doesn’t Mean You’re Protected Yet

Many innovators breathe a sigh of relief the moment they file a patent application.

They walk away thinking their idea is now safe.

But here’s the hard truth:

Filing a patent doesn’t mean you’re protected.

This is one of the most dangerous misconceptions in the world of innovation—and one that can cost you your entire invention if you’re not careful.

🚫 Filing ≠ Protection

In India, once you file a patent application, you enter what’s commonly known as the “patent pending” phase.

You now have a priority date—but not yet legal rights to enforce your invention.

Until your application is:

• Examined
• Cleared of objections
• And finally granted by the Patent Office…

You’re not protected.

📜 What the Law Actually Says

Under the Indian Patents Act, 1970:

• Section 11A(7):

The rights of a patentee start only from the date of grant, though damages may be claimed retrospectively from the date of publication (if granted).

• Section 48:

Rights conferred by a patent cannot be enforced until grant.

Bottom line? Until you have a granted patent certificate, you cannot sue anyone, block a competitor, or even stop someone from manufacturing your idea.

🧠 Why This Misconception Exists

Many inventors confuse the act of filing with the idea of being legally protected.

This often happens because:

• They see “patent filed” or “patent pending” as a shield
• Advisors or consultants don’t explain the post-filing process
• They underestimate the scrutiny of the Indian Patent Office

🧾 What Happens After You File?

Here’s what actually happens after you submit your patent application:

1. Filing – You get an application number and priority date
2. Publication – After 18 months (or earlier via Form 9), your application is published
3. Request for Examination – You must file Form 18 or 18A (expedited) within 48 months
4. Examination – A Controller issues the First Examination Report (FER) with objections
5. Response to FER – You respond within 6 months (extendable by 3 months)
6. Hearing (if needed) – Further technical/legal arguments may be required
7. Grant – If all conditions are satisfied, a patent is granted and published in the official journal

Only after step 7, do you get your legal rights.

⚠️ Why It Matters for Startups, Institutions, and Inventors

Imagine this:

• You pitch your product to a company or investor.
• You proudly say “We’ve filed a patent.”
• They love the idea, but quietly build it themselves.

Can you stop them?

Not unless your patent is granted. And if your claims are weak or vague, even a granted patent might not protect you.

This is why filing is just the beginning.

Strategy, claim strength, and legal follow-through are what truly protect your innovation.

✅ What You Should Do After Filing

Here’s how to make sure your patent actually works as intended:

1. Track your patent post-filing

Stay aware of timelines—especially Form 18 (Request for Examination) and FER deadlines.

2. Strengthen your claim language

Use this time to review if your claims truly cover your innovation—get expert review if needed.

3. Prepare for FER and hearings

Objections are normal. Winning the grant depends on how you handle them.

4. Monitor infringement carefully

If your product is already out, document potential copycats, but take action only after grant.

🤝 How IP EVER LLP Supports Post-Filing Protection

At IP EVER LLP, we don’t stop at filing—we walk the full journey with you:

🔹 Strategic claim drafting for grant success

🔹 FER handling and hearing representation

🔹 Post-filing claim audits to refine your defence

🔹 Expedited Examination filings (Form 18A) for faster grant

🔹 Infringement analysis & IP litigation support post-grant

With a 100% grant success rate for examined patents, we ensure your innovation doesn’t just get filed—it gets granted and protected.

📣 Final Thought

A patent application is like a seed. Filing it is just planting it.

It’s what you do afterwards that determines whether it grows into real protection.

📧 Ready to secure what you’ve filed?

Let us help you go from “patent filed” to “patent granted”—with confidence.

📩 drabganesh@gmail.com

📞 9842791925

🌐 www.goipever.com

Filed isn’t final. Grant is the goal. Let’s get there—together