Dear All,
The Indian Patent Office has today released the latest version of its office manual for comments from interested public.
Please take time out to read the manual (available here).
The new manual already has some interesting discussion on the filing of divisional applications, pre-grant oppositions etc.
I urge you to respond, with your comments to the concerned Patent Office Personnel (sukhdeep[dot]ipo[at]nic[dot]in).
Showing posts with label Indian patent law. Show all posts
Showing posts with label Indian patent law. Show all posts
Thursday, November 4, 2010
Monday, May 3, 2010
Decisions from Patent Controller?? a long wait...
The following comment comes from a friend and very observant fellow patent practitioner, who wishes to be anonymous:
"The Indian Patent Office decision section shows a whole bunch of decisions uploaded in the last two weeks pertaining to S.15 (refer pages 22/23/24 of the decision segment), and while the hearings for almost all these S. 15 cases were held more than 2 years ago; the decisions are released only now..."
Two years of waiting- after completion of final hearings is a very long time, and it effectively is a loss of precious possible 'patent term' for the Applicant.
I myself am aware of a similar situation- in this case, a post-grant opposition- wherein hearing was completed in June 2009, but the decision is not yet out!
I am often asked by friends/ non Indian IP professionals on how long will it take the Indian patent office to come out with its decision - be it S. 15, s.25(1) or S.25(2). I try not to hazard a guess since I know that these cases [like above exaamples] may take upwards of 2-3 years for a decision.
I, personally think, that such unusually long decision time lines are not beneficial to patent applicants or the opponents.
"The Indian Patent Office decision section shows a whole bunch of decisions uploaded in the last two weeks pertaining to S.15 (refer pages 22/23/24 of the decision segment), and while the hearings for almost all these S. 15 cases were held more than 2 years ago; the decisions are released only now..."
Two years of waiting- after completion of final hearings is a very long time, and it effectively is a loss of precious possible 'patent term' for the Applicant.
I myself am aware of a similar situation- in this case, a post-grant opposition- wherein hearing was completed in June 2009, but the decision is not yet out!
I am often asked by friends/ non Indian IP professionals on how long will it take the Indian patent office to come out with its decision - be it S. 15, s.25(1) or S.25(2). I try not to hazard a guess since I know that these cases [like above exaamples] may take upwards of 2-3 years for a decision.
I, personally think, that such unusually long decision time lines are not beneficial to patent applicants or the opponents.
Friday, February 26, 2010
Indian Patent Applications - status now available on-line
The Indian Patent Office has today launched the [free] on-line status check facility for patent applications.
It is now possible to know whether a patent application was abanoned [or not] or when was an examination report issued OR whether an opposition was filed for the application.
Please click here to visit the site.
It seems that the current site only works for the numbers with format '1234/XXX/YYYY', where XXX is the patent office city code and YYYY is the filing year, take for example - 124/Che/2007. It does not seem to work for applications having the PCT reference in filing number.
---
This follows the earlier positive developments like searchable decisions site, reported here.
After that note, the Indian Patent Office had also moved to giving the granted patent specifications on-line. This is an on-going project.
Kudos to the Indian Patent Office team and its new and dynamic leadership!
It is now possible to know whether a patent application was abanoned [or not] or when was an examination report issued OR whether an opposition was filed for the application.
Please click here to visit the site.
It seems that the current site only works for the numbers with format '1234/XXX/YYYY', where XXX is the patent office city code and YYYY is the filing year, take for example - 124/Che/2007. It does not seem to work for applications having the PCT reference in filing number.
---
This follows the earlier positive developments like searchable decisions site, reported here.
After that note, the Indian Patent Office had also moved to giving the granted patent specifications on-line. This is an on-going project.
Kudos to the Indian Patent Office team and its new and dynamic leadership!
Tuesday, May 20, 2008
India: Patent Office decisions now searchable and downloadable
The Indian Patent Office has taken a positive step in training/ educating and bringing transparency in regard to opposition of patent applications.
It has decided to put Opposition decisions on-line.
NOW, the Indian Patent Office decisions are available for every one to read and download.
Please visit this link on the Indian Patent Office's site.
Upon visiting the link, you will see a page that allows searching by 6 options:
a) Patent number;
b) Application number;
c) Applicant;
d) Opponent;
e) Controller &
f) Section number.
Now that decisions are readable and downloadable, I thank the entire Patent Office staff who have put efforts behind this venture. This effort will go a long way in training/ educating IP professionals on how to approach and fight patent oppositions.
TEST: I tried searching for opposition decisions from two Indian companies - Ajanta and Ranbaxy using Internet Explorer. I was able to download results, when clicked on application number hyper-link.
It has decided to put Opposition decisions on-line.
NOW, the Indian Patent Office decisions are available for every one to read and download.
Please visit this link on the Indian Patent Office's site.
Upon visiting the link, you will see a page that allows searching by 6 options:
a) Patent number;
b) Application number;
c) Applicant;
d) Opponent;
e) Controller &
f) Section number.
Now that decisions are readable and downloadable, I thank the entire Patent Office staff who have put efforts behind this venture. This effort will go a long way in training/ educating IP professionals on how to approach and fight patent oppositions.
TEST: I tried searching for opposition decisions from two Indian companies - Ajanta and Ranbaxy using Internet Explorer. I was able to download results, when clicked on application number hyper-link.
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