cpc

query

TIFAC IPR SCHOLAR

 

 

Your client LG Chemicals Pvt. Ltd., Korea wishes to enter into the National Phase of India for obtaining Patent as early as possible based on his international application (without claiming any priority of earlier filing) filed in Korea. With this intention he approached you at 12th month from the date of international application filing with the prior art search report and preliminary examination report from the International Search Authority.

How to Adviseclient  according to the available provisions in the Indian Patents Act and rules to

proceed with such National Phase application in the circumstances as mentioned above.

 
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Indian Patent Agent

 

This is  a tricky question, let me try 
The one option was to take priority from Korean application and immediately filing a conventional application in India because client was in hurry. However, it would take 18 month time for publication then examination and prosecution. it is ruled out.
Now client wishes to file through PCT, means he might want to take the benifit of good ISR and examination (favourable examination report). Definetly, this will help him in getting through the local examination with more confident.
As per the law you can inter national phase in India till 31 month from the Priority Date. If client is not interested in claiming priority, it will not change normal course filing.   
The following documents have to be furnished either along with the Application:
(i)       Assignment deed where the applicant is not the inventor,
(ii)      Declaration of inventorship by the Applicant,
(iii)     Statement and undertaking regarding status of corresponding Applications in other countries every six months,
(iv)     Power of Attorney to agent (duly stamped),
(v)      Copy of PCT/IB/304 or Priority document. If priority document is in any language other than English an English translation of the same along with certification in support of the same.
(vi)     International Search Report
(vii)    International Preliminary Examination Report, if any.
However, to get early patent in India, client can opt for expressed examination option.  Client application is already published and supported by ISR and IPER; this will help the case at prosecution stage.
Please note that this is my generalized view and should not be considered as an opinion.
Dear colleagues correct me, whereever I am wrong
 
Regards,
 
Iftikhar Ahsan  

Total likes : 2 times

 
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TIFAC IPR SCHOLAR

Thank you v. much for your reply,

 
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Indian Patent Agent

Dear Shama, How was your patent agent Exam

 

 
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TIFAC IPR SCHOLAR

PA exam was not at all good!! They have completely changed the pattern, what they used to asked  in paper II was asked in paperI, & it was so horrible, no short notes,no fill in the blanks... the paper was objective of  40 Q, and in paper I two sets of advise of 60 marks and i think IPO is much influenced by ''3 IDIOTS''

 
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