FAQ Archive - Page 10 of 12 - Obhan & Associates

January 04

Date: January 4, 2017
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- 2208

Can a non-Indian company be considered as a start-up?

Although no clarity has been provided by the Indian Patent Office as to whether a non-Indian company can be considered as a start-up, it appears from the definition of start-up provided in the amended Patent Rules that a non-Indian company may not be considered as a start-up....

January 04

Date: January 4, 2017
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- 2254

What is a start-up according to the Patents Act?

Patent Rules define “Start-up” as an entity that satisfies the following criteria: Has not been registered or incorporated for more than 5 years; Has a turnover for any of the financial years of not more than Rs. 25 crores (approx 4.2 million US Dollars); and Is working towards innovation, devel...

January 04

Date: January 4, 2017
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- 2202

Can an applicant claim a reduction in official fee?

Yes, the applicant can claim a reduction in official fee if at least one of the following conditions is satisfied: 1. The applicant is one or more natural person(s); 2. The applicant is a start up;or 3. The applicant is a small entity However, such a reduction in fee will not be available if an elig...

January 04

Date: January 4, 2017
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- 2319

Is it mandatory to record license at the Indian Patent Office in case a patent is licensed?

Yes, it is mandatory to record any license awarded in any patent, at the Indian Patent Office. If a license is not recorded at the Indian Patent Office, the Patent Office or the Court may not admit the same to be a proof of share/ interest in the patent, at a later stage....

January 04

Date: January 4, 2017
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- 2489

Is it mandatory to record an assignment deed at the Indian Patent Office in case an application/ patent is assigned at a later stage?

It is mandatory to record any partial/ complete transfer in ownership of an application/ patent at the Indian Patent Office. If an assignment is not recorded at the Indian Patent Office, the Patent Office or the Court may not admit the same to be a proof of ownership at a later stage....

January 04

Date: January 4, 2017
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- 2173

How can an applicant comply with the requirement of submitting assignment deed/ form 1 if the inventors are not available to sign the same due to change in employment/ death?

In case of unavailability of inventor(s) for signing the assignment deed/ form 1, one of the following documents may be submitted to comply with the requirement: 1. Notarized/ certified copy of an existing assignment submitted in the priority application/ corresponding application. Also, such existi...

January 04

Date: January 4, 2017
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- 2629

What are the consequences of failure in submitting information/ document required under Section 8?

Failure to submit information regarding corresponding foreign applications and details of processing when requested is a ground for both pre- grant and post-grant opposition proceedings before the Indian Patent Office and revocation proceeding before the Courts and the Intellectual Property Appellat...

January 04

Date: January 4, 2017
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- 4205

Which information and documents are required to be submitted under Section 8 of the Patents Act?

Section 8 of the Patents Act together with Rule 12 of the Patents Rules requires the applicant to furnish the details of corresponding foreign applications at the Indian Patent Office. Under this requirement, two types of information are required to be submitted at the Indian Patent Office, as state...

January 04

Date: January 4, 2017
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- 2259

What are the other documents which may be required when filing a national phase or a convention application?

Other documents which may be required when filing a national phase or a convention application have be S. No. Document/ Information Stage of Submission Extensions 1. Sequence listing in computer readable text format (if any) (no print form is required to be submitted) Along with the application No e...

January 04

Date: January 4, 2017
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- 2589

What are the minimum documents/information required for filing a national phase/ convention application in India?

The minimum documents and information which are required for filing a national phase or a convention application have been summarized in the table below: S. No. Document/ Information Stage of Submission Extensions 1. Complete specification (in English) Along with the application No extensions are av...