Patent

Patent

March 6, 2018
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Timelines

What are the various timelines involved in the grant of an Indian patent? Ans. The timelines for completing various tasks or submitting various documents are as follows: S. No. Task Timeline Extensions   a) Filing a ‘Complete Specification’ after a ‘Provisional Specification’ Within twelve (12) months of the date of filing of the Provi......
March 5, 2018
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Prosecution and Opposition

Can the examination of a patent application in India be expedited?  Ans. An applicant may file a request for expedited examination at any time within thirty one (31) months of the date of filing or date of priority, whichever is earlier if: a) the applicant is any one of the following: - a start-up, - a small entity, - a female applicant, - in case of ......
March 4, 2018
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Amendments

What types of amendments to a patent application can be made in India?  Document/ information which could be amended When Comments Name, address of applicant/inventor -          Anytime during the pendency of application; -          After grant Documentary evidence will be required to change/ correct the name/ address of the inventor(s)/ app......
March 3, 2018
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Post Grant Requirements for Patent Applicant in India

What are the key requirements that a patent applicant is required to comply with after the grant of a patent in India?  Ans. There are three key  requirements that a patent applicant must comply with after the grant of a patent in India, which are as follows: Pay renewal fees to maintain the patent File the statement of working of patent in India U......
March 1, 2018
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Foreign Filing License

When is a Foreign Filing License (FFL) required in India?          Ans. An FFL is required when a patent application is proposed to be filed outside India in            the following case: a) the applicant or the inventor(s) is a resident of India, and b) the applicant or the inventor does not wish to file a patent application in India prior to filing o......
February 27, 2018
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Enforcement of Patents in India

What are the advantages or marking in your country and is it a legal requirement? Ans. While practically, the Courts do not refuse enforcement of patent for non-marking, the legal provisions provide that in a suit for infringement of a patent, damages or an account of profits shall not be granted against a defendant who proves that at the date of the infringe......