Validity of Patents of Addition will be same as the main invention and the protection will expire as on the date of expiry of the main invention. If the applicant requests to consider the patent of addition as a new or independent patent and if the Controller permits the applicant so, the patent shall continue…
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…
When a patent application is filed, the Controller holds the rights and shall request the applicant to amend (make modifications) in the draft or any document related as the Controller thinks if any change is needed. the same or any order regarding amendment shall not be passed by the Controller if any case on infringement…
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…
No new things or additions to the existing filed patent application shall be performed in any amendment except for removing or changing the expression of the invention as claimed by the claims. If any amendment is allowed to granted patents by the Controller or the Appellate Board or the High Court, the amendment in any…
For those patents lapsed (expired) due to non payment of renewal fee, a renewal application shall be made and be renewed by paying the corresponding fee within 18 months from the date on which the patent expired (ceased to be effective) Such application shall carry a valid reason for not paying the renewal fee on-time, and…
After hearing, if the Controller is satisfied that the delay in payment of renewal fee was unintentional and if the application was made on time within the time period, the Controller shall publish the application and within that period anyone may give notice to the Controller on opposition based on one or both the reasons,…
If any contracts of manufacture or sale or anyone has started using the Patent during the period of lapse until publication of the restoration application by the Controller; the Controller as per the rights of the Patentee may impose protection or compensation accordingly as he thinks fit. No infringement case shall be filed during for…
A patentee may surrender his patent at anytime with an official notice to the Controller. If such a notice is made, the same shall be published by the Controller and also a notification will be issued to all the persons who hold interest in the patent other than the patentee. Any person shall file an…
Any Patent may be revoked on a petition of any person or Central Government by Appellate Board or on a counter claim of infringement suit by the High Court based on any of the following grounds, that the invention in the claim is was already patented or contained in another patent granted in India before…