Remove 2003 Remove Designs Remove Patent Application
article thumbnail

Parliamentary Standing Committee Report on IPR: Tipping the Scales of Patent Law? Part II

SpicyIP

Section 11 (b) read with Rule 24B of Patents Rules, 2003 concerning patent application exam stipulates a 48-month period from the date of priority or filing of patent application within which a request for examination of the application needs to be made. Concluding Thoughts.

Reporting 136
article thumbnail

Timelines under Rule 138 of Patent Rules are to be interpreted strictly and there cannot be any leeway under Rule 49.6 of PCT Regulations, says Delhi High Court

SpicyIP

of the Patents Cooperation Treaty Regulations (a provision that provides for condonation of delay by a period of one month with respect to the submission of national phase patent application) in the petitioner’s favour. The petitioner approached the High Court against the decision of the Controller of Patents.

Patent 98
Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

DHC rules on Jurisdiction for Revocation Petitions and Appeals Post Dissolution of IPAB

SpicyIP

In the Dr. Reddy’s case, a revocation application was filed under Section 64 against a patent granted in favour of Boehringer Ingelheim International GmbH. Patent Revocation Petitions Under Section 64. Court’s Reasoning.

article thumbnail

Full Scope Written Description

Patently-O

.” Full Scope Written Description : The Patent Act requires that the specification include “a written description of the invention.” The specification needs to convey that the inventor had “possession” of the claimed invention as of the patent application’s filing date. 35 U.S.C. §

Inventor 132
article thumbnail

Delay in filing Request for Examination due to negligence of legal counsel – Madras High Court orders restoration of the abandoned patent application – India

Selvam & Selvam Blog

November 4, 2022: The Madras High Court allowed the two writ petitions filed by the applicant with respect to two patent applications that were deemed abandoned by the Indian Patent Office on account of delay in filing the Request for Examination. In Chandra Sekar Vs. The Controller of Patents and Designs & Anr.

article thumbnail

Prefiling Offer by Business Partner Dooms Patent

Patently-O

Design Patent No. D450,839 looks like a set of clown feet (image below), but, in actuality it covers “the ornamental design for a handle for introducer sheath” and is used as part of a medical catheter kit. The parties agree that the products described in the letter embody the design that was later patented.

article thumbnail

Governance and Supervision of Trademark and Patent Agents: Discussing DHC’s Saurav Chaudhary vs. Union Of India

SpicyIP

First thing first, let’s unfold the case: The case involves a writ petition challenging the abandonment of a patent application and praying for its restoration. Here, the background is that the Petitioner hired Mr. Naveen Chaklan of M/s Delhi Intellectual Property LLP to deal with his patent application.