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   New Amendments to Patent law India
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   Author  Topic: New Amendments to Patent law India  (Read 814 times)
Sudhir Aswal
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  sudhiraswal  
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New Amendments to Patent law India
« on: Oct 30th, 2006, 5:40am »
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India has amended its Patent Rules in May 2006 by which now a request for examination for an ordinary patent application can be filed within 48 months from date of filing of the Patent Application or priority date whichever is earlier. Ealier the request was to be filed after publication but within 36 months from date of filing of the Patent Application or priority date whichever is earlier.    
 
To the contrary requiste form 18 for request for examination has also been amended now it has an additional column where date of publication is to be mentioned.
 
Now if the intention of the legislature was to done away with the requirement of publication before request for examination could be made, then there was no occasion to amend the relevant form and confuse the public.
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Sudhir Kumar Aswal
Patent Attorney, India
Aswal Associates
www.aswalassociates.com
Dr._Shilpa_Arora
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Re: New Amendments to Patent law India
« Reply #1 on: Nov 8th, 2006, 4:10am »
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Dear Sudhir,
 
Legislature intent was not to done away with the requirement of publication at all, though the amendment in effect was not able to clear the whole thing. Though now Examination request can be filed before publication but the examination will be taken up only after one month of the publication or request for examination whichever later.  
 
Yes, the amendment in form was not at all required/ necessary. But if the Applicant want to file application after publication the same may prove to be useful.
 
Nevertheless I will discuss the thing personally when we meet again.
 
Bye,
 
Dr. Shilpa Arora
« Last Edit: Nov 18th, 2006, 12:32am by Dr._Shilpa_Arora » IP Logged
Sudhir Aswal
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  sudhiraswal  
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Re: New Amendments to Patent law India
« Reply #2 on: Nov 8th, 2006, 4:21am »
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Thanks Shilpa,
 
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Sudhir Kumar Aswal
Patent Attorney, India
Aswal Associates
www.aswalassociates.com
Dr._Shilpa_Arora
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Re: New Amendments to Patent law India
« Reply #3 on: Nov 18th, 2006, 12:34am »
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You told me your new articles are about to publish, am still waiting
 
can you send it on my mail id  
 
Bye
 
Dr. Shilpa Arora
« Last Edit: Nov 18th, 2006, 12:34am by Dr._Shilpa_Arora » IP Logged
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