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Madras High Court provides clarity on Proof of Right, says date of assignment and date of declaration are different.

In this case, the Madras High Court sheds light on proving applicant’s right, emphasizing the difference between assignment and declaration dates. This case offers insights for smoother patent applications in India and is likely to provide much-needed clarity to Applicants and Controllers alike who often encounter the same or similar objections relating to proof of right under Section 7(2) and Rule 10 of the Patents Act. Continue Reading Madras High Court provides clarity on Proof of Right, says date of…

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Can a delay in filing request for examination be condoned? Court clarifies

Missed filing a request for examination? court says, condonable under exceptional circumstances.

Facts of the case: The Petitioner in this case filed two writ petitions challenging the order of the Respondent (herein referred to as Patent Office) dated 03.05.2016 in respect two of the Petitioner’s applications bearing numbers 8846/CHENP/2011 & 8907/CHENP/2011. The patent applications were filed before the Indian patent office on 29.11.2011 and 30.11.2011 respectively as PCT national phase entries. The petitioner engaged the services of a New York based firm called Greenberg Traurig for filing and prosecution of the national phase…

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