Section 13(1)(b) of the Indian Patent Act may inadvertently allow for the grant of invalid patents by restricting prior art consideration to only the claims of earlier Indian applications. A reconsideration of this provision is suggested to ensure more robust patent examination and to achieve the legislative intent of preventing invalid patents.
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Amendments to a PCT Application under Article 19 and Article 34
This article objectively discusses the procedures and requirements for amending a PCT application under Article 19 and Article 34. It provides a clear, structured analysis of the relevant legal provisions and their practical significance for patent applicants in India.
Read more about Amendments to a PCT Application under Article 19 and Article 34‘DEMAND’ only if you want to
Filing a PCT Demand is an optional step enabling applicants to address objections raised by the International Search Authority. It can lead to a more favourable preliminary patentability report, aiding national phase decisions and reducing future objections.
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This post analyses the patent examination process in India, from the filing of a request for examination to the issuance of the First Examination Report. It discusses statutory requirements, applicant responses, and the legal framework governing objections and amendments.
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