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Renovation is similar to the Opposition. Revocation proceedings take place before IPAB or the HIgh Court and Opposition happens at the Patent Office and the Controller takes care of opposition.High Court which is staffed by Judicial members and the Chairperson of IPAB is the retired judge of the High Court.
Any proceeding that takes place in court is processed or presented by filing a petition.
No, Petition is different from form 30 and Petition is filed for Revocation of patent under S. 64 or any proceeding related to revocation of patents
There is a special provision Under R. 137, where the controller can amend any document or correct, if the Controller thinks fit and upon such terms as he may direct.
The applicant can request the Controller to extend the time by filing form 4 within 1 month and file Form 24 to review or setting aside Controller decision or order under S. 77(1)(f) or S. 77(1)(g)
Under S. 15 gives the power of COntroller to make any refusal to the applicant and the grounds of refusal will be if it does not comply with the Act and the Rules. The Controller can make upfront refusal or give an opportunity for an applicant to carry out amendment, If the amendments are carried out to his satisfaction it results in a grant and if it does not satisfy him, he can refuse the application.
The same controller will look into your application.
The controller can withdraw any application from the examiner (a) who reviewed your application earlier and he can look at the application by himself or transfer the application to another examiner (b) or (c). The examiner is some one who will work on the report and the controller is the one who will approve it as mentioned in S. 73(4)
No, there will not be any refund.
According to the S. 142(2), the controller shall not look at your application unless you pay the prescribed fees, wherever the fees have been prescribed you have to pay the fees and document shall be filed along with the fees as mentioned in S. 142(3), if you don’t pay the fees, the controller shall not look into your document.
S. 28(3) & 28(7) is the instance where third parties can intervene in the proceedings. If Y feels X is not Inventor and his name has been wrongly added he can file Form 8 to by paying fees any time, the Controller on request after hearing the parties he will issue the certificate & will correct the specification and register. A copy of application and statement shall be sent by the Controller to each Patentee or the applicant as mentioned in Rule 68. Here the proceeding is either before or after the grant under S. 28(7) as it specifies “may at any time apply to the Controller for a certificate”. A Statement is required because Y is the third party entering into the register, Applicant along with aggrieved inventor does not require any statement.
Any mention of Inventor in the invention that is Complete Specification and register shall be made in form mentioned in Rule 70.
Please check your email, I have shared you few links.
Section 26 refers to post Grant’s proceeding before the controller in case of wrongful obtaining where the controller may direct the patent to be granted in the name of the opponent if he finds merits in the argument of the opponent either in part or fully.
Section 52 refers to the revocation proceedings before the IPAB or court where the court or appellate board may order patent to be assigned in the name of petitioner either in part or completely if the court or appellate board rules in favor of petitioner in case of wrongful obtaining of patent.
According Section 11A(1) & Rule 24 Application shall be published in 18 months from the date of filing / priority date of application which ever is earlier. For earlier publication File Form 9 to Request for publication under Rule 24A, application shall be published one month also in the case of expedited examination form 9 should be filed along with form 18A under Rule 24C(3).
Section 11A(5) mentions the publication of particulars which is disclosed in form 2.
Section 11A(6) discusses the biological material and its publication which is clearly described in Section 10(4).If the applicant mentions biological material in the specification and it shall make available to the public and the payment shall e made under Rule 27 – entry 44 of first schedule.
There are 2 publications which happens, one is before the grant under section 11A and the grant itself under section 43. Section 43(2) refers to the grant of patent and form of patent mentioned in third schedule is issued to the patentee by the controller and the application , specification and other document as clearly described in Rule 74A is opened for public inspection.
Note: Please refer to respective section and rules mentioned for clear understanding.
Please let me know if you have further questions
AdnanJuly 13, 2020 at 4:28 pm in reply to: Tips to remember the preambles of sections of the Patent Act #10835
Focus on the details of each section, which should help you to understand things in a better way.
It will be discussed in forthcoming webinars. I hope you can clear much of your doubts on these topics through Professor lectures.
Please let us know if you have any questions on these subjects.
Yes you can use form 18A.
Patent of addition will have specific reference number to the number of the main patent as it is the modification or improvement to the main invention. prosecution has to happen similar to other applications.
As you know pre-grant opposition takes place before the grant of the grant of the patent, and the language in Rule 55 focuses of term applicant because the application for patent is not yet granted to the applicant.
When the patent application is granted the now the applicant is referred as patentee under Section 2(1)(p) – patentee means the person for the time being entered on the register as the grantee or proprietor of the patent.
Language in Rule 58 focuses on the instances after the grant.
Hope it is clear now.
No. They are included.
If the last date to submit Response to FER or other things falls during Govt. holidays you will get an excuse, other than that all the days including weekends are counted.
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No. Indian Patents Act is called as Patents Act, 1970
Before Independence there was a British Act and was called as 1911 Act, Post Independence Tek Chand and Ayyangar Committee took measure and revised the Act and called as the Patents Act, 1970. There were a series of Amendments post 1970 till date and now it is referred as the Patents (Amendment) Act, 2005.
You can file one or more Provisional Specification following up with one Complete Specification shall be filed within 12 month from the date of filing of the first filed application, if not the application shall be deemed to be abandoned.
Normally complete specification has claims, you can down grade the previous filed application as provisional and file a Complete within 12 month from the date of first filed application and once the application is published after after 18 months you cannot do anything because it is now in public domain and if you don’t follow provisional followed up by complete within 12 months the application is abandoned.