Patent Prosecution in India: First Examination Report

According to Section 12 of the Patents Act, 1970, when a request for examination has been made in respect of an application for a patent in the prescribed manner under section 11B, the application and specification with other documents related thereto shall be referred at the earliest by the Controller to an examiner for making a report, wherein the examiner makes a report after carrying out detailed Patent Prosecution in India with respect to following matters:   a) whether the application and the specification with other documents relating thereto are in accordance with the requirements of the Patents Act, 1970... Read More

PCT Filing Procedure in India

The Patent Cooperation Treaty (PCT) is an international treaty that assists to simplify the process of seeking patent protection in several countries. PCT has been administered by WIPO (World Intellectual Property Organization), an international organization serving as a global forum to promote the protection of intellectual property throughout the world. As on 29 June 2017, the WIPO recorded a count of 152 contracting states to the PCT, with the recent accessions of Jordan (March 9, 2017), Cambodia (September 8, 2016), Djibouti (June 23, 2016), and Kuwait (June 9, 2016). Prosecuting the priority patent application (applied in home country) in multiple... Read More

Patent Prosecution in India: Pre-Grant Opposition

Patent Prosecution in India According to the patents act, 1970, any time after publication of a patent application, but before the grant of a patent, any person interested may file an opposition in writing (pre-grant opposition) to the Controller against the grant of a patent application at an appropriate patent office on any of the grounds mentioned under section 25(1). A pre-grant opposition shall include a statement and evidence, if any, in support of such opposition in writing, with a request for hearing. The controller considers the pre-grant opposition only after filing of a request for examination for the patent... Read More