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Sahana (Accounts Assistant)     24 May 2010


Hi ,

I had a query regarding the patents in India.

My father had applied for around 14 patents which were under litigations. He died in 2006, in 2007 the HC of Karnataka gave the order saying that all the points to be correct and valid but since my father had not asked the court as to what he wanted he was supposed to file further petitions.

Now at this point of time, my question is whether I can get the patent rights based on the HC order.

Thanks in advance


Sahana murthy 


 4 Replies

medappa (legal)     04 June 2010

Hi Sahana,

What other petition do u exactly have to file?? Is it in regard with the patents?

If the court has cleared the patents, I dont see why you can apply for athe patents.

Preet (secretary)     08 June 2010

May be you should consider getting a patent attorney.


Prasad Patwardhan (Techno-Legal professional)     03 November 2010

Need help in understanding this:

My brother has filed a patent in US for a electro mechanical device under PCT [national phase is awaited].

This is yet not awarede.

He wants to file the patent for the same device in india now so that it gets locked and others can not imitate it.

How to go about this.

Can the PCT investigations be re-used.

Do we have to just start the national phase in India

Sahana (Accounts Assistant)     10 November 2010

Hi everyone, 

As far as I know patents are not inheritable. Kindly let me know if i am wrong. 

Hi Prasad, 

My feeling is that let your brother get the US patents. Since the WTO, patent taken anywhere is valid in India.

The indians are notoriosly slow and not to be trusted in the bargain.  My dad had applied for a patent in India in 1994. He did not get it since somebody who had applied in 1996 had got it sanctioned in 1997 in the US.  


So dont go for Indian patent office at all.

All the best for your brother.  



Sahana Murthy

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