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Tony Mon George v. Assistant Controller, Amendments of Patent in Indian Patent Law, Drafting a Patent

The LexCampus Weekly Newsletter No.24
16th June, 2021

Hi,
This week’s judgement is from the Intellectual Property Appellate Board (IPAB), Kolkata Bench which discusses the objection on lack of inventive step of the claims in respect to an invention pertaining to centrifugal separator. This week’s blogpost gives an exhaustive overview of the amendments of patents in the light of statutory provisions of the Patents Act, 1970. This week we continue with the topic of drafting, the Body of Claims.

PATENT CASE LAW SUMMARY

Tony Mon George v. Assistant Controller of Patents & Designs
OA/15/2020/PT/KOL

The appeal before the IPAB was against the order passed by the Controller refusing the grant of patent on the ground of lack of inventiveness over the cited prior arts pertaining to the invention of separation discs with certain spacing elements of centrifugal separator. According to the appellant it is not obvious for a person skilled in the art to arrive at the subject matter of at least one feature of the claim in the impugned application. The court in this case accepted the contention of appellant and held that the subject invention is novel and inventive, setting aside the impugned order. Read more

PATENT BLOG

Amendments of Patent in Indian Patent Law

Amendment of a patent may include amendment of patent application, patent specification or other related documents. An applicant must exercise due care while amending a patent so that such changes fall within the ambit of statutory provision laid down by the Act. This blog post explores the provisions in the Patents Act, 1970 with respect to amendment of patent application before and after the grant of Patent. It also specifies the scope within which amendments need to be done. Read more

DRAFTING A PATENT – BODY OF CLAIMS

  1. If there are more than one element in a claim, they may be represented by identifying letters such as (a), (b), (c) etc. in outline before each element is recited to reduce comprehensiveness and easy referencing of elements.
  2. A period appears only at the end of claim.

That’s all folks for this week.

Team LexCampus

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