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Can an Abandoned Patent Application be Revived?

Intepat

In India, Section 9(1) of the Patents Act, 1970 (“ Act ”) discusses what exactly qualifies as an abandoned application as per domestic law. Upon notification, the applicant is expected to reply to the objections within six months, or the applicant can take an extension of another 3 months for filing of the reply.

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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.

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Patent Registration Process in India

Biswajit Sarkar Copyright Blog

Following the patent search, one should draft the patent application effectively. The application should include various parts such as claims, background, description, drawing, abstract and summary. Filing the patent application. A receipt is then generated with the patent application number.

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Understanding Freedom to Operate (FTO) Concerning IP & Patents

Kashishipr

Three pharmaceutical companies, including Enzon Pharmaceuticals, Micromet AG, and Cambridge Antibody Technology (now acquired by AstraZeneca), in September 2003 announced signing a non-exclusive cross-license agreement. However, in this case, it is imperative to note that determining the scope of a patent is not easy. Bottom Line.

IP 105
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Rise of Patents in India and Amended Rules Of 2024

IP and Legal Filings

A patent which is granted in the territory of India can only be discharged within the borders of India, meaning the Patent rights are territorial in nature. Which means that there is no “Worldwide Patent”. Nonetheless, if a patent application is filed in India, that leads to the protection of the patent internationally.

Patent 94
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Saving your Mark from Trademark Genericide

Kashishipr

Interestingly, in these cases, the trademark owner itself/himself misused the trademark as the generic name of the product in advertising and Patent Applications. In 2003, the photocopier firm Xerox came up with an advertisement that read, “When you use ‘Xerox’ the way you use ‘aspirin,’ we get a headache.”

Trademark 105
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Journey Through “Julys” on SpicyIP (2005 – Present)

SpicyIP

In July 2007, Aysha Shaukat’s post first discussed how Pakistan was planning to take legal action against India for patenting ‘Super Basmati’. However, it later turned out that there was no patent application for the Super Basmati, but rather, as Aysha said, it was a “proverbial case of the media conflating IP terms”.