Forum Replies Created
August 7, 2020 at 9:16 pm in reply to: Can a Recipe be Protected through an IPR #11165
It is not possible as a form of patent but can be done through trade secret like CocaCola’s formula.
Recipe however unique, will fail in the criteria of inventive step and hence cannot be patented but can be protected by Trade Secret and if coming from special ingredients in specific region, then it can be applied under Geographical Indications (G.I tag)May 30, 2020 at 3:13 pm in reply to: Request for Examination #10152
My thoughts on the possible answers for this question:
All applications goes into the dormant mode for 18 months period if no request for publication is given by the applicant and since request of examination is given by the applicant, the patent office is likely to wait for the 18 months period to be over, publish the application and then proceed with the examination if no pre-grant opposition is received by it.
If the request for examination has been given but the request for publication has not been given, then the patent office may insist on providing the request for publication (Form 9) along with request for examination (Form 18).
So, I do not see a procedure wherein the publication is skipped and examination is conducted because if pre-grant opposition arises and the application and its claims is found not meeting the criteria of patentability or applicant does not contest/oppose the objection, then the patent office need not spend time in examination an invalid patent application.April 8, 2020 at 10:15 pm in reply to: Determining Novelty #8780
Provisional application is filed with the intention to preserve novelty, which in turn is to avoid anticipation during examination stage in case the applicant decide to convert the provisional to complete specification.
For example, if the applicant discloses the inventive concept in the provisional itself but continues to develop the application (eg: claims) during the next 12 months, then he/she can claim priority from the date of filling of provisional, which can given him the head-start of 12 months.
This time would be lost in-case he/she decides to disclose the inventive concept only at the complete specification level, then any prior art which is filled earlier during the 12 months period, would be part of grounds of prior art/matter already been anticipated.