The blog highlights the interpretation of section 28 of Indian Patent Act, 1970 which is not as straightforward as it seems. We are all familiar with provisions of section 28 which is “Mention of inventor as such in patent”. The logical explanation of the section seems straight forward i.e. if you are an inventor and have made substantial contribution to the invention then even … Read More
Category: Patent
Freedom to Operate – Logical and Legal
Understanding Freedom to Operate (FTO)
Even at an early stage of planning and developing a technology or invention, a company’s main objective is to patent the technology and commercialize it to make profit. Seldom do inventors or entrepreneurs pay attention whether the recently developed technology is likely to infringe any existing enforceable patent. Technology domain wherein exclusive patenting is the norm one has to really … Read More
CLAIM AMENDMENT UNDER ARTICLE 19 – PCT PATENT APPLICATION
Patents are territorial, which means that to enforce the patent it must be filed in a specific jurisdiction (country) specifically. A patent application filed in India therefore must be filed in each country individually. The individual patents can be filed directly via convention route or indirectly via PCT route.
Once a PCT application is filed with WIPO it is known as … Read More
POST-DATING PATENT APPLICATIONS: A BLIND DATE
This article concentrate on latest updates on Post-dating patent applications and its implication in Indian Patent Law along with USPTO, EPO and PCT jurisdiction.
What is Post-dating patent application?
A patent when first filed is known as the ordinary application and the filing date is known as the priority date. Now if an applicant wants to shift … Read More