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August 4, 2018 at 10:39 am #1002Joshua PerinbaduraiParticipant
Case 1 : A patent first filed in US and later within 12 months it is filed in India (conventional route).
Question : when will the 20 year Patent term start for the Indian Patent?
A)A Provisional Patent filed in India.
Question1 : when will the 20 year Patent term start for it in India?
Question 2: Will the 20 year period start from the Provisional date or the complete specification date?
Case 3: A patent first filed in US and then within 12 months applied as a PCT application, later goes on to enter the Indian national phase through the PCT application.
A) when will the 20 year Patent term start in Indiafor the Indian application?
B) When will the 20 year Patent term start in US for the US application?
August 4, 2018 at 2:52 pm #1009Roshan JohnModerator
Case One: The twenty-year period of the patent will start from the date of filing of the application of the patent in India. Irrespective of the fact that it was first filed in the US. Please refer to Section 53
Case Two: The twenty year period shall start from the date of filing of the application, i.e., the provisional specification, first filed. Filing a provisional and completing it with a complete specification shall give you an earlier date of the patent. Please refer to Sections 45 and 53.
Case Three: For an application filed under national phase under the Patent Cooperation Treaty(PCT), the term of the patent will be 20 years from the international filing date accorded under PCT. Please refer to the explanation given under Section 53(1).
May 3, 2021 at 5:05 pm #15996Sudeshna PramanikParticipant
I doubt the answer for case Two.
A provisional specification is filed majorly for managing the “priority” without the “claim”. Since “claim” is the heart of a patent, how does the term of a patent start without a claim(s)?
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