Post dating of patent application in india
Provisions for post-dating In India, Section 17 of the Patents Act deals with post-dating of patent applications, which are subject to Section 9. Owing to this different interpretations must be taken recourse to.
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Controller of Patents [ 34 PTC Del], wherein the High Court of Delhi drew a distinction between Section 78 which deals with power of Controller to correct clerical errors and the powers to be exercised under Section 57 regarding request for amendment of an application made by a patentee. The courts may interpret that since Section 17 is subject to the provisions of Section 9, a post-dating under Section 17 will not extend the deadline imposed by Section 9 1.
The High Court did not address the issue of whether such a change in priority date was admissible because the application was deemed to have been abandoned due to non-submission of request for examination in the prescribed time period.
In general, amendments to patents and applications are governed by Sections 57 and 59 of the Act, which stipulate that such amendments can be made only by way of disclaimer, correction or explanation without addition of new subject matter. More from this week's email Re-examining SPC terms:
Publication of patent application in India
More from this week's email Re-examining SPC terms: Historical Change in Section 9 The Amendments carried out in the Patents Act in deleted the portion of the then-prevalent Section 9 1 which provided that complete specification may be filed at any time after 12 months but within 15 months from the filing of provisional specification if a request in this regard was made to the Controller along with the prescribed fee.
Post dating of Application In general, post-dating refers to the shift in the Priority date of an application to a later date. Post-dating of patent applications and its implications May 14,
Anthony_Fedotov - 01.11.2017 in 12:33
Section 17 1 states that a patent application may be post-dated up to six months from the date on which it is actually filed. Write a Reply or Comment Cancel reply.
Ethan_Stokes - 07.11.2017 in 14:26
Leave a Reply Cancel reply Your email address will not be published. The previous application may not thereafter serve as a basis for claiming a right of priority.
Evgeniy_Bratchenka - 11.11.2017 in 08:00
Under these circumstances, the only mechanism by which the change of date will be allowed is under Section 9 4 and the mechanism is as follows: This amendment may not change the interpretation made by the Delhi High Court regarding the interplay of the two sections.
Vito_Maretti - 20.11.2017 in 17:19
Controller of Patents [ 34 PTC Del], wherein the High Court of Delhi drew a distinction between Section 78 which deals with power of Controller to correct clerical errors and the powers to be exercised under Section 57 regarding request for amendment of an application made by a patentee.