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Paper is under review, but not published – Is it in public domain – can we patent it?

 

YES .

Under Section 31 – Anticipation by Public Display of the Indian Patent Act. It is stated that if the application for the patent is made by the true and first inventor or a person deriving title from him not later than twelve months after the opening of the exhibition or the reading or publication of the paper, as the case may be.

Even within 12 month of publication the idea can be filed for Patent.

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