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priority dates of claims of complete specification

Senior Project Manager

Hi, I am referring to Section 11 - Priority dates of claims of complete specification from Indian patent law 1970.

Can you please provide an example for the scenarios mentioned in sub-section (2), (3), (4), (5) & (6).

From the descripttion I am not able to understand clearly what  priority dates should be considered?

 

Thanks

Dr. Venkatraman

 
Reply   
 

priority date - section 11, the  object of a provisional spcification is to fix the priority date of the patent. section 11 contains the rules for fixing priority dates. Different priority dates may be allotted to separates claims in the same case. Where the claims in complete specification is fairly based on the matter disclosed in the provisional specification, the priority date of that claims is the date of filing the provisional specification. But in cases it may possible to split the claims to give different priority dates to different parts.

for example - if controller finds in yours complete specification two diffrent inventions and by virtue of section 16,he makes division of yours application.

then for first invention priority date is the date of filing provisinal specification and for second invention priority date is the date of filing date of complete specification.

 
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Senior Project Manager

Hi, Thanks a lot for your prompt reply to my query.

Is it possible to consider some dates as an example for (2), (3), (4), (5) & (6).

 LIke for example, if the date of filing of appilcation with provisional specs is 28-12-2009 & date of filing of complete specs is 26-12-2010 then the priority date is 28-12-2009.

 
Reply   
 

Dear Dr. Venkatraman,

Below are some examples of how priority date is determined.

 

Section 11(2): The example you have mentioned in your reply above holds true in this case.

 

Section 11(3): You have two provisionals, A dated 28/12/2009 and B dated 29/12/2009, your complete specification claims priority from both. Claim 1 is based on A then its priority date is 28/12/2009. Claim 2 is based on both A and B, its priority date is still 28/12/2009. Claim 3 is based on B only, its priority date is 29/12/2009

 

Section 11(4): Provisional filed 28/12/2009, complete filed with claim 1-5 on 26/12/2010, Claim 3-5 divided by way of a divisional dated 20/05/2011. Priority date for claims 3-5 remains 28/12/2009.

 

Section 11(5): An application, say a convention application, claims two priorities dated 28/12/2009 and 29/12/2009, for all purposes, the priority date of the claims would be earliest date i.e. 28/12/2009.

 

Section 11(6): If no other subsection applies, i.e. a direct complete specification has been filed then its filing date will be the priority date of the application.

 

Hope this helps.

 

Regards,

 

Abhinav Bhalla

Advocate

Registered Patent Agent

abhinav@brbhallaassociates.com

+91 9910406711

 
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