The patent application is automatically published after a period of 18 months from the date of filling the application for making it a prior art. Prior art acts as evidence that your invention is already known. In case the applicant is desirous of an early publication, he/she can file under Form 9 requesting for an early publication and by paying the requisite fee provided in Table I of the First Schedule. (See Rule 7 of the Patent Rules, 2003).
Article Source: http://techcorplegal.com/Blog_Technology_Law_Business_Research/2012/09/17/patent-tutorials-basics-of-patents-types-of-patents-patent-searches-patent-application/ PATENT TUTORIALS Why is a Patent search required? There are many reasons to perform a patent search. The most obvious reason to perform the patent search is to know if the invention can be patented or has been already patented. The other reasons for performing a patent search are listed below: To make… Continue reading PATENT TUTORIALS: Basics of PATENTS: Types of Patents, Patent Searches & Patent Application