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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 86
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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.

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The Draft Patent (Amendment) Rules, 2023

Intepat

The Department for Promotion of Industry and Internal Trade, Ministry of Commerce and Industry on the 22nd August, 2023 published “The Draft Patents (Amendment), Rules, 2023” (Draft Rules). Patent applications and prosecution thereof is currently governed under the Patents Rules 2003 (2003 Rules).

Patent 52
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The Patents Amendment Rules, 2023.

Biswajit Sarkar Copyright Blog

August 22, 2023, the Department for Promotion of Industry and Internal Trade (DPIIT), Ministry of Commerce and Industry, proposed the Patents (Amendment) Rules, 2023. This set of amendments if accepted has the potential of altering the entire patent ecosystem of the nation.

Patent 52
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The Need for a Code of Conduct for Patent and Trademark Agents: Saurav Chaudhary vs. Union of India & Anr.

Selvam & Selvam Blog

In a recent decision, the Delhi High Court addressed a petition challenging the abandonment of a patent application for a “Blind-Stitch Sewing Machine and Method of Blind Stitching.” ” The patent application was filed on August 3, 2019, followed by a request for examination on February 21, 2022.

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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
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Rapid Review: Boosting the Speed of PCT Application in India

Intepat

In the National Phase of the PCT Application there is no option for the applicant to automatically avail the examination of the Application. The Patent Application will only be examined only when the applicant or any other interested person makes a request for such an examination. But the catch is here.