This section discusses the rules over publication and examination of Indian patent applications.
In case of any anticipation by a claim of other patent; the applicant shall be informed of the same and provided an opportunity to be heard. Though an applicant’s specification is in order for grant, if there is any objection pending that remains unattended by any person upon cases when anticipation was published on or after the…
If the applicant fails to remove or clarify the objections informed, when the anticipation was made on the same day or later as to the filing of the patent application; the Controller shall fix a date for hearing and keep the applicant informed on about the same schedule, 10 days in prior and the applicant shall…
When the Controller makes a reference directing to other specifications. He shall direct that reference to it shall be inserted to the applicant’s Complete Specification after the claims in the format as below: “Reference has been directed, in pursuance of section 18(2) of Patents Act, 1970 to the Specification filed in puruance of Application No.:______”
If the Controller is convinced after the investigation made under section 13, that the invention shall not be performed without infringing the claims of another patent; then the Controller shall make a notice / information of objection to the applicant and the procedure as per rule 29 shall be followed.
When the Controller directs for reference of other patents to be inserted in the specification, it shall inserted to the specification after the claims in the following form, namely:- “Reference has been directed, in pursuance of section 19(1) of the Patents Act, 1970, to Patent No.:___________”
Form 6 shall be used to make a claim under Section 20(1) The original assignment or agreement or an official copy or notarised copy shall be produced to the Controller for inspection and the Controller has right to call for such other proof or title or written consent as he may require.
Form 6 shall be used for making a request under Section 20(4) Request shall be accompanied with proof of death of the joint applicant and a certified copy of the probate of the will of the deceased or letters of administration in respect of his estate or any other document to prove that he is…
Upon any disputes between the applicants, Form 6 shall be used to make a request under Section 20(5) along with the statement setting out all facts on which the applicant relies and the directions he seeks. One copy of the same shall be sent to all applicants (joint applicants) by the Controller
Upon grant of a patent, the patent shall be accorded with a number (serial number) as per the Patents and Designs Act, 1911 (2 of 1911) which shall be the Patent Number.