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Patent Q&A

What priority means in “priority date” of patent application?

QUESTION: What priority means in “priority date”? ANSWER: Priority means when did something get exposed or published to the world at large, the point at which something came to the knowledge of the public, which was publicly known or which came to the knowledge of the public that fixes the priority. Priority means the date …

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In divisional application, should the inventive concepts be same for the subsequent applications?

QUESTION: In divisional application, should the inventive concepts be same for the subsequent applications? ANSWER: 100%. There is no doubt about it because what you do in a divisional is you repeat the description verbatim. Assume that there are 10 claims covering 2 inventions, 1-5 is one invention and the patent office feels that 6-10 …

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Patent Question: Can applicant and assignee be different in case the invention has been assigned?

QUESTION: In case the invention has been assigned, can applicant and assignee be different? ANSWER: No, it will be the same. Understand that there can be only one person who can make an application that is the applicant. The applicant can be a true and first inventor, by which I mean the inventor also includes …

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Patent Question: Why does each claim, even if claimed in subsequent specification, have separate priority date?

ANSWER: Claims have separate priority date because claims are drafted from the disclosure. So, that’s the concept of fair basis, you cannot draft a claim and abstract, it has to be based on a disclosure even when the disclosure happens in the complete you only file a complete and if you have 10 claims, all …

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Patent Q&A: Whether there is a provision for the examiner to check on inventive step?

Patent Question: Whether there is a provision for the examiner to check on inventive step? It is not explicitly mentioned. Answer: Yes, it is not explicitly mentioned. But in S.12, it is mentioned. If you see S.12 talks about anything requirements of this Act and the rules, so, everything will come under that. And it …

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Patent Q&A: Why is filing a request for examination necessary?

You should understand that patent prosecution is like a game where the burden is on the applicant to make the moves. If the applicant fails to make a move, there are various deeming provisions by which the patent office will assume you’re not interested. And that is the right way to structure it, because you …

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What is the difference between patent amendments under section 57 to 59 and under section 15?

QUESTION: Section 57 to 59 deals with amendment of a patent specification, what is the difference between the amendment made in pursuance of these sections and the amendment made under section 15 of the Patents Act? ANSWER: The simple answer to this question lies in one document, form 13.  When you file an amendment under …

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Can Section 20 which is applicable to substitution of applicants in application stage also be applicable after grant of patent?

Question: I have a query on section 20. What I understand from section 20 is that substitution of applicants is carried out in an application stage, is this section applicable for substitution of applicants after grant of the patent as well? Answer: This section is not applicable for substitution of applicant after the grant and …

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