What is PCT? The PCT offers an alternative route to filing patent applications directly in the patent offices of those countries which are Contracting States of the PCT. It does not preclude taking advantage of the priority rights and other advantages provided under the Paris Convention and the WTO-administered Agreement on Trade-Related Aspects of Intellectual[…]
A PCT international application is governed by the Patent Cooperation Treaty and can be validated in upto 151 countries. The PCT international application may be filed by an Indian applicant after receiving foreign filing permission under section 39 of the Patents Act 1970 or if the patent application has been filed in India not less[…]
When a PCT international application is made designating India, an applicant can file a national phase application in India within 31 months from the international filing date or the priority date, whichever is earlier. PCT NATIONAL The PCT national phase application is filed in Indian Patent Office along with Form-1 for providing details of the international[…]
Patent claims are written to “particularly point out and distinctly claim” an invention in a statutory class. The prescribed and accepted way of writing a claim is that each claim shall be a single sentence. That is, the standard custom as to claim construction is that each claim must be the object of a single[…]
Design Patent, in general terms, consists of the visual ornamental characteristics embodied in any product. Since a design is manifested in its ornamental features, the protection sought in case of a design patent application may be applied to the configuration and ornamental features of the design. The design patent could be granted for any novelty[…]
A PCT international application may be filed by an Indian applicant after receiving foreign filing permission under section 39 of the Patents Act 1970, or after six weeks and within twelve months of the filing of a patent application in India. FILING PCT APPLICATION Receiving Office A PCT international application may be filed in India as[…]
Provisional Or Complete? Patent Application in India As per Section 9 of the Patents Act 1970, a patent application in India may be accompanied with a provisional or a complete specification. Patent Application in India The provisional specification is filed for an invention/ an inventive concept in which the work is still under progress. The provisional[…]
An application filed by an applicant in the Patent Office, claiming priority date based on a similar application filed in one of the convention countries is referred as convention application. The applicant is required to file the application in the Patent Office (India) within 12 months from the date of earliest priority application in the[…]
Timeline A national phase application, corresponding to a PCT international application, must be filed in India within a non-extendable period of 31 months from a date of priority of the corresponding PCT international application. Forms and Fee As per Section 139 of the Patents Act 1970, the patent office necessitates filing of national phase applications[…]
With the digital age and the advances in the methods of doing business, particularly in electronic commerce and the Internet, a lot of growth has been seen in developing new and innovative business methods. Business methods are being developed by IT companies, banking corporations and the proprietors of online market and auction sites. Business methods[…]
