Is there a European patent? A European patent (or EP patent) refers to a patent granted by the European Patent Office (EPO). An EP patent is valid in up to…
What are powers of Controller to resolve disputes between co-owners of patents?
When a patent is owned by multiple assignees as co-owners of the patent, situations may arise where there is a dispute between them regarding sale, lease or licensing of the…
What are the rights of patentees?
A patent gives the patentees exclusive rights over their patented invention. The exclusive rights of patentees means that the patentees can prevent others from exploiting their invention unless the patentee…
How to select Paris convention v/s Patent Cooperation Treaty?
As a sequel to this article on international patent systems, the following article covers international patent filing strategies. A patent application can be filed internationally under Paris convention or Patent…
What is Form 3 in Patent Act?
Form 3 in Patent Act is a means to inform the Indian Patent Office about all foreign filings made by an Applicant. Section 8 of Indian Patent Act requires the…
What is patent opposition system in India?
Patent opposition refers to rights conferred to a third-party to oppose the grant of a patent. The patent opposition system in India is governed by section 25 of Indian Patent…
When should you file a divisional patent application in India?
A divisional patent application refers to a child application that derives priority from a parent application but claims subject matter different from the subject matter claimed in its parent application.…
Provisional and complete specifications: Section 9 of Patent Act
Provisional and complete specifications is one of the most fundamental concepts in patents. Even in the international patent regime, this is a well-recognised system for identifying priority of a patent…
Foreign filing license in India: Section 39 of Indian Patent Act
Foreign filing license requirements in India
When is an invention not anticipated by prior publication? Section 29 of Indian Patent Act
Section 29 of the Indian Patent Act deals with certain exceptions to anticipation of an invention by prior publication. This section covers multiple scenarios when a claimed invention is not…