Foreign Filing License Requirement

At various instances, an applicant or an inventor may require to file a patent application directly in a foreign country other than country of residence. There could be diverse reasons pertaining first filing in a foreign country, such as, non-patentable subject matter in country of residence, low market potential in country of residence, etc. In such instances, many countries impose requirement of obtaining a Foreign Filing License (FFL) from an appropriate authority. FFL is a permission obtained from appropriate authority of country of residence of an applicant to file patent application directly in a foreign country without filing in country... Read More

Guide to Patent Filing in India

Guide to Patent Filing in India The Indian Patent system is being governed as per the Patents Act, 1970. The Patent Office comes under the purview of  Department of Industrial Promotion & Policy (DIPP) which is under Ministry of Commerce & Industry. Membership in International Treaties India is signatory to the following governing international covenants relating to patents: TRIPS Agreement which comes under the World Trade Organization Convention establishing the World Intellectual Property Organization (WIPO) The Paris Convention for the Protection of Industrial Property with effect from December 7, 1998. Patent Cooperation Treaty (PCT) with effect from December 7, 1998.... Read More

Patent Prosecution in India- Revocation of a Patent

A patent is a set of exclusive rights granted by a sovereign state to an inventor or an assignee for a limited period of time in exchange for detailed public disclosure of an invention. In order to utilize any of these exclusive rights, third party requires permission of the patentee. This makes third party more vulnerable to challenge validity of the patent. According to section 64 of the patents act, 1970, a third party can be any person interested (a person who has a direct, present and tangible commercial interest who is injured or affected by the continuance of the... Read More

Patent Prosecution in India- Post-grant Opposition

According to section 25(2), at any time after grant of a patent, but before the expiry of a period of one year from the date of publication of grant of a patent, any person interested may give a notice of opposition to the Controller in a prescribed manner on any of the grounds mentioned under sub-section 2 of section 25 of the patents act, 1970. An interested person (Opponent) may be a company or an organization or an individual whose manufacturing and/or trading interest in the goods is connected with the patented product or who is financially affected in manufacturing... Read More