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Fast tracking #Patents in India: Join us on 23rd November, 2019, to discuss strategies for expediting #PatentGrants.

Indian Patent Grant in One Year? Join us for a Discussion on 23rd November

Over the last two years, the IPO has granted several patents in under a year from the date of filing. Some of these grants have been extensively reported, one article claiming a grant in just four and half months. Some of BananaIP's filings received grants within a year, but the shortest was about seven months for Evlogia. The speedy grants spell the beginning of a new era of a proactive patent office, which is today relatively more transparent and organised…

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Patentability Requirements in India

Patentability Requirements in India

The requirements for patentability of inventions can be considered as one of the most important parts of patent law. They form the basis for grant of a patent, scope of protection, and patent validity, among others. At a general level, they influence the efficiency of the patent system in achieving its objectives of promoting scientific and technological progress, economic/industrial growth and public benefit. Owing to their value, they may be termed as essential parts of the patent machinery. If they…

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This image depicts Paper Tags having Urgent written on it. This image is relevant as the issue here is whether a request for prioritized examination be given more priority. Click on the image for more information

Shouldn’t a Request for Prioritized Examination be Given Priority?

This post was published on September 17, 2014.   All applicants have a desire that their patent applications get prosecuted faster and their patents get a grant on priority, however, such desires are seldom fulfilled. Blame it on the backlog, if you will, and several other reasons for the delay, but patent applicants have to wait more than 3 years to get their patents granted. Empathizing with the concerns of the applicant, several patent offices have devised procedures to expedite…

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Post-dating Patent Applications: Frisk it Before You Risk it!

This post was published on August 08, 2014.   Our previous article on post-dating exposed the risks involved in the shifting ahead of the priority date of an application. The risk of losing priority can cost you dearly. Today's post, however, unravels the puzzling question of how to claim priority even from a post-dated application! We are aware that most applicants tend to post-date a provisional application as the deadline to file a non-provisional application (or complete application, in some jurisdictions) approaches,…

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Role of Third Parties in Patent Grant Process

This post was published on July 21, 2014.   The subject of today's topic would probably leave a patent applicant feeling a bit like the reigns are slipping. A patent is not a piece of cake to acquire. The right owner of the invention be it an inventor or an applicant has to prove themselves beyond any doubt. It is the basic right of every individual to oppose the grant of any patent, in cases where such a grant would seem…

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The image is from Superman Comics. The post is about a patent application for hyperspace teleportation. Click on image to view post.

Fly Like Superman

This post was first published on 28th November, 2011.   Everybody as a kid must have fantasized to fly like Superman. Did you ever imagine teleporting yourself from one place to another, just in a jiff? To sweep you off your feet here is a patent application which may remind you of Superman. I found a patent application which may turn your dream of teleporting yourself from one place to another into reality. A patent application (US 20060071122) titled “Full Body Teleportation…

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Patent Filing Essentials

This post was first published on 17th July, 2014.   When an individual is struck with an idea and an invention follows, it is advisable for them to gain monopoly over the invention's marketing rights via patent protection through relevant authorities. This write up briefly summaries the essentials of patent filing and protection. What is an Invention? An invention is a technological advancement that is not anticipated by publication in any document or used anywhere in the world including the country of the invention, before the date…

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Permission to File a Patent Application Outside India

This post was first published on 16th July, 2014.   This piece of writing tries to convey an important requirement under the Indian Patent law for an applicant residing in India who wishes to file patent applications outside India, directly. Any inventor or applicant is free to seek protection anywhere in the world. At times priority is given to a foreign country over India when there is less or no market potential to the invention in India or when the invention falls within…

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Inventive Step of an Invention Analysed

This post was first published on 16th July, 2014.   We will today discuss a case in the Indian Patent history that showcases how the IPAB and the IPO analyse the Inventive Step or Obviousness of an invention. Green Cross Holdings (Appellant) v/s Controller of Patents and Deputy Controller of Patents (Respondents) Case: This judgment, passed on June 18th,  2014 by the IPAB, was based on an appeal made by Green Cross Holdings against the order made by Deputy Controller of Patents on…

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Post-dating Patent Applications

This post was first published on 15th July, 2014.   A provisional patent application is usually filed with a singular purpose - To gain the first (earliest) filing date or to gain priority for the application. As we are aware, gaining priority or an earlier filing date is imperative to the patent grant process. Why then, do we find so many of us opting to post-date their provisional application before filing a complete specification? Post-dating refers to the shift in the Priority date of an…

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