In Rallis India Limited v. Deputy Controller of Patents and Others, the Madras High Court refused to assume that claims automatically inherit the priority date of a provisional, especially where the crucial EC formulation emerges only in the complete specification. The decision pushes the Patent Office to treat priority and prior art questions as matters for analysis, not default settings.
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Post-dating Patent Applications: Frisk it Before You Risk it!
This article explores the risks and legal considerations of post-dating patent applications, with a focus on the impact on priority dates in India and internationally. Applicants are advised to closely monitor statutory deadlines, as post-dating can significantly affect patent rights and enforcement.
Read more about Post-dating Patent Applications: Frisk it Before You Risk it!Post-dating Patent Applications
This post addresses the process and legal implications of post-dating patent applications in India. It highlights statutory provisions, judicial interpretation, and practical risks associated with shifting the priority date.
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