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Product under development- can file patent?

(Querist) 30 July 2013 This query is : Resolved 
Hello Experts,

I have an idea for an internet connected device which I'm in the process of designing and prototyping on a personal level, without any company's help. I noticed recently that a French company has built something similar and is about to launch it soon.

My question-

1) can I apply for the patent of this device in India rightaway, on the basis of an idea or a prototype?

2) Can my right over this device be challenged by the French company later on?


Thanks in advance for your help
Devajyoti Barman (Expert) 31 July 2013
1. Yes, you can patent an idea.
2. No unless they gets it patented before you and your product is in their market or vice versa.


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