cpc

plurality of distinct inventions

INDIAN PATENT AGENT

If claims 1-4 disclose process for the preparation of a crystalline base of some compound and claims 5-10 disclose process for the preparation of salt by incorpoarting the crysatlline base of the same compound.

In such a case does it lacks unity of invention??

 
Reply   
 

Dear Navya,

 

Yes, in the present situation the Patent Office is likely to raise an objection on unity of invention since the two processes do not appear to be having a single inventive concept. Moreover, Patent Office usually objects to having two independent claims of same type in one application, in this case two independent process claims. Patent Office opinion is that if there is a single inventive concept then all processes apart from the main process chould be recited as dependent claims.

 

You may consider filing a divisional if unity of invention objection is raised.

 

Hope this helps.

 

Regards,

 

 

Abhinav Bhalla

abhinav@brbhallaassociates.com

+91 9910406711

 
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INDIAN PATENT AGENT

Thanks for the reply.

Since the salt is prepared from the crystalline base,  amending the claims directed towards process for the preparation of salt using the crystalline base rather than claiming in two independent claims satisfies the unity of invention?

 
Reply   
 

Dear Navya,

 

Yes this is an option where you may put preparation of Salt using the crystalline base as the only independent process claim and preparation of crystalline base may be recited as a dependent claim. Also, since Indian Patent Office ( I am assuming it is an Indian application) does not disallow multiple dependencies, preparation of claim set should not be a difficulty. Arguments may be presented to the Patent Office based on dependencies and unity if and when such objections are raised.

 

Regards,

 

Abhinav Bhalla

abhinav@brbhallaassociates.com

+91 9910406711 

 
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INDIAN PATENT AGENT

Dear Sir,

Thanks for the reply.

 
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AND FREAKS OUT HERE

"If claims 1-4 disclose process for the preparation of a crystalline base of some compound and claims 5-10 disclose process for the preparation of salt by incorpoarting the crysatlline base of the same compound.

In such a case does it lacks unity of invention??"

 

From whatever information you have given 1-4 created the crystalline base for some compound. 5-10 used crystalline base to prepare a salt[a compound/chemical]. 1-4 are original inventors and 5-10 used the original invention to prepare their salt and so that's no invention. A  very rough parallel: Einstein's E=Mc2 was proved by Michelson Morley Experiment. Einstein was the discoverer. Just a thought.

 

And who did what and when is another aspect which needs to be thrashed out.

 
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Voluntary Client Attorney Consumer Aribtrator

There are many types of Compounds and salts and you have not detailed on which of the many compounds and which of the many types of salt. . This question lacks merit.

 
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