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Author Topic: Challenge patents  (Read 1137 times)

crackeur

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Challenge patents
« on: 05-06-09 at 07:16 pm »

Hi, I am wondering what are the different ways to challenge the validity of a patent (e.g in court, or via PTO)?
How long does it take for each of those ways?

Thanks,
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Kisha Flo

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Re: Challenge patents
« Reply #1 on: 06-02-09 at 12:49 am »

Hi,

     India notified the Patents (Amendment) Rules 2006, bringing in changes to provide transparency, decentralization of the functioning of patent offices and simplify the procedures making them user-friendly. As per the changes notified under the Patents (Amendment) Rules, 2006, patent applications are now to be mandatory published within one month after expiry of the statutory period of 18 months. In case of request for an early publication, the application is to be published within one month from the date of request. This step will introduce an element of certainty regarding the date of publication, which was hitherto not available. Further, with a view to enforcing transparency and ensuring time bound disposal of patent applications, definitive time frames have been prescribed for various activities by the patent offices.

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