One of the most consequential decisions a researcher makes is the order of two actions: filing a patent and publishing a paper. Get the order wrong, and the right to patent can be lost forever. The rule, put bluntly by Dr. Vijay Jagdish Upadhye, the Parul University researcher behind a granted tuberculosis culture medium patent , is to patent before publishing. It is not merely strategic advice; it follows from how patent law defines novelty.
Why the Order Matters Legally?
File your IPR first, then publish the next day.
– Dr. Vijay Jagdish Upadhye
Under Indian Patent Law, as in most jurisdictions, an invention that has already been publicly disclosed, including through academic publication, may be considered to lack the novelty required for patent protection. In practical terms, publishing first can permanently affect the ability to patent the same work.
This is why the sequence matters. Patenting and publishing are not rivals, and a patent is not a substitute for a research paper. The point is simply that intellectual property protection should come first, after which publication can follow freely.
Why is Tuberculosis so Slow to Culture? Dr. Vijay Upadhye on TB Diagnosis
The Core Reality of India’s Patent Process
For researchers unfamiliar with the pipeline, a patent application in India moves through defined stages, each with its own processing timeline:
- Filing, which establishes the priority date for the invention.
- Publication, ordinarily eighteen months after filing, though an early-publication request with an additional fee can reduce this waiting period.
- Request for examination, after which an examiner reviews the claims and may raise objections.
- Response and hearing, where the applicant addresses objections, followed by grant if the claims are accepted.
Applicants can wait years even without extraordinary delays. The tuberculosis medium patent was filed in June 2021 and granted in March 2026, a gap of nearly five years, extended partly due to pandemic-era disruptions in government operations.
The team used the early-publication mechanism to reduce the standard eighteen-month waiting period, one of several administrative options available within the framework overseen by the Indian Patent Office.
What Can Be Protected, and Why Composition Patents Matter?
Intellectual property protection in India covers patents, copyrights, trademarks, industrial designs, geographical indications, semiconductor layouts, and plant-variety protections. Any original, practical, and cost-effective solution to a genuine problem can be considered for protection.
The TB medium is an instructive example: it was patentable as a composition, a specific formulation, because it supplemented an existing medium rather than replacing it.
A granted patent also discloses the core details of an invention as a condition of protection. However, reproducing a biological result from a written specification often still requires practical know-how, including precise handling and techniques that no document can fully capture.
If you are equally passionate about getting your idea funded and patented across global boundaries, visit the official website of the Research & Development Cell and begin your journey from there.
From Patent to Product: The Harder Half!
A granted patent is closer to a starting point than a finish line. One useful way to understand how close an innovation is to deployment is through the technology readiness level, a nine-point scale originally developed by NASA, where level one represents basic observation and level nine represents a fully proven system in routine use.
Crossing level eight indicates that an innovation is approaching, though not yet at, real-world deployment. The more challenging stage is often commercialisation: the frequent gap between the stake an inventor is offered and what investors expect in return.
Institutional support for translating research into impact, through mechanisms such as Parul University’s innovation and entrepreneurship centre, plays an important role in bridging this gap.
Meet Dr. Vijay Upadhye, the Researcher behind Parul University’s TB Breakthrough!
Frequently Asked Questions
Should you patent before publishing a paper?
Yes, if the work is potentially patentable. Public disclosure through academic publication can destroy the novelty a patent requires, which may permanently forfeit the right to patent the work. The standard advice is to file for patent protection first and publish afterwards, so that both protection and publication are secured in the correct order.
Does publishing a paper stop you from getting a patent?
It can. Under Indian patent law and most patent systems, an invention already disclosed to the public, including in a journal, can be judged to lack novelty and be refused a patent. That is why the sequence matters: publishing before filing can forfeit patent rights on the same work.
How long does it take to get a patent in India?
It varies widely and often takes several years. An application moves through filing, publication (ordinarily around eighteen months, or sooner via early-publication request), request for examination, examination and objections, and finally grant. As an example, one recent research patent was filed in 2021 and granted in 2026, partly due to pandemic-era delays.
What is a technology readiness level?
A technology readiness level (TRL) is a nine-point scale, originally developed by NASA, describing how close an innovation is to real-world use, from basic scientific observation at level one to a fully proven system in routine operation at level nine. Crossing level eight indicates an innovation is near, but not yet at, full commercial or field deployment.
