cpc

patents


Dear all,

I read this case in a book,any sort of guidance related to the solution of the case will be helpful

A and B filed patent application with provisional specification on the same date for the same invention.After that, A filed the complete specification much earier to B,both filed within the allowed period of time .what will be the status of the patent application filed by both A and B (a) if A adopted the idea from B dishonestly (b) Both A and B are honest independent inventors conducting their own separete experiments.

Thankyou!!!

 
Reply   
 
Law Officer

Dear aanchal

When both A & B applied for getting patent of a certain invention, there are two ways to decide the case.  Either both can be granted patent, or  either A  or B who can substantiate his claim, more effectively, and who can prove his case bofore the authority can get patent. Here both have filed complete specification within time.


Total likes : 1 times

 
Reply   
 


Freelance

Dear Aanchal,

Interesting questions!

a) If B can prove that A dishonestly/fraudulently adopted the idea then A will not be entitled to the patent. B can always get the patent revoked, if granted. You may refer to grounds of opposition and revocation in the Indian Patent Act.

b) I agree with Mr. Mahapatra on second part of your query. Let me draw your attention to the following:

EPO

EPO examination practice provides us some guidance for such cases. I quote “should two applications of the same effective date be received from two different applicants, each must be allowed to proceed as though the other did not exist.”

USPTO

Since US still follows first to invent system it can be easily decided. In US there is something called as Interference Proceedings to deal with such cases. You need to have well documented records to prove conception of your invention. Conception is complete when no more than routine work is need to carry out the invention.

INDIA

?? I do not find any specific provision either in the patent act or draft manual which can give us some guidance. I would be pleased if someone can throw light on this (patent office practice or any case law).  


Total likes : 1 times

 
Reply   
 

thanks a lot for the replies....wish u a very happy new year!!

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

Menu

IPC Grand Course     |    x