This section discusses the rules over publication and examination of Indian patent applications.
Those patents with validity and granted after 2002 [Patents (amendment) Act, 2002] will have a validity of 20 years from the date of filing the application. For international applications filed under PCT designating India, the validity shall be 20 years from the date of international filing as per PCT. If the renewal fee to the…
The grant of any patent of addition shall not be refused or revoked (cancelled) after grant just because it does not have any inventive step compared to the main invention or by the aspect that if the improvements provided are ought to be a new invention / independent invention in any manner. The previous invention’s…
If any case of infringement of a patent is proceeding in the Appellate Board or the High Court; they may request the patentee to amend (make modifications) the application as it fits to be non-infringing with consideration the terms on cost, advertisement, etc., instead of directly invalidating or revoking the patent. If such an appeal…
If any cases are under trial before the Appellate Board or the High Court for revocation of a patent under sections 64 and 104, where the validity of any claim is opposed and if the Appellate Board or the High Court finds the claim to be valid, it shall provide a certificate to the patentee…
When a patentee files an infringement case on a patent and if the Court finds that the infringement is valid for one or more claims but not valid for any (other) claims, the Court may order relief for only the claims that are infringed. Such relief shall not just be an order of warning (injunction)…
In case an inventor has a concept or an idea that is incomplete or have to be completed which might require sometime, then he shall file an application for a patent with a simple abstract with maximum possible information stating that the invention could be this or that addressing any problem that it might solve if…
A copy of the International Search Report shall be transmitted within one month to the International Bureau and the applicant on the same day.
As per the agreement between the International Bureau and the Indian Patent Office; the fee paid may be refunded, waived or reduced to an extent as per the provisions and regulations of the Treaty.
An International Patent Application (PCT) shall be filed using Form 1. Patent Office shall not start processing such international applications designating India before the expiration of the time limit prescribed (31 Months). Before the time limit the applicant shall, pay the national fee and other fees to the Patent Office under these rules and regulations…
Upon any international application designating India, if the applicant has not complied with the requirements under the regulations of the Treaty; according to the rule, he shall file with the patent office the priority document(s) (if not in English, shall translate and duly verify it) as per that rule before expiration of 31 months. If…