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1_28_1_manual-of-patent-office-practice_and-procedure.pdf

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    MANUAL OF PATENT OFFICE PRACTICE AND PROCEDURE Version 01.11 As modified on March 22, 2011 PUBLISHED BY: THE OFFICE OF CONTROLLER GENERAL OF PATENTS, DESIGNS & TRADEMARKS BOUDHIK SAMPADA BHAWAN, S. M. ROAD, ANTOP HILL, MUMBAI (INDIA)    Preface The Patents Act, 1970 was amended in 1999, 2002 & 2005. The amended Act, in accordance with TRIPS, has provided for product patents in foods, medicines and chemical substances. India became signatory to PCT in 1998. As a consequence, patent filing including PCT National Phase Applications have increased exponentially. Considerable changes have been made in the patenting procedure through the introduction of Patents Rules, 2003, which were further amended in 2005 and 2006, resulting in new practices and procedure. Indian Patent Office has been modernized with office automation and electronic processing of patent applications during the past one decade. The objective of the modernization project was to increase the efficiency and streamline the functioning in tune with the international scenario, especially with regard to transparency. It has been ou2r constant endeavor to be more transparent in all the spheres of patenting process. IT enabled office process have enabled us to make all information relating to the status of patent application and contents of file, publicly available through the official website. This manual is yet another step to fulfill our commitment to be more efficient and transparent. There has been a demand from the new inventors, patent practitioners and foreign applicants to codify the practices in Indian Patent Office in the form of a manual. A draft manual was published in 2009 in the official website inviting comments and suggestions from stakeholders. Taking into account the comments and suggestions received, that draft has been thoroughly revised to make it more  precise and simple. It is our ardent hope that this manual will effectively meet the demands from stakeholders.   This manual may be considered as a practical guide for effective  prosecution of patent applications in India. However, it does not constitute rule making and hence, does not have the force and effect of law. The manual will be revised from time to time based on interpretations by a Court of Law, statutory amendments and valuable inputs from the stakeholders. (P H Kurian) Controller General of Patents, Designs and Trademarks    INDEX Chapters: Page No. 01   Introduction  1  02   Key definitions  3  03   Filing of Patent Application  7  04   Publication of application  27  05   Provisional and complete specification  30  06   Divisional application and patent of addition  47  07   Convention application, international application and 51 national phase application 08   Examination and grant  75  09   Post-grant opposition  109  10   Post-grant procedures  113  11   Appeals  124  12   Revocation of patent  127  13   Compulsory licensing  130  14   Use of patent for purposes of Government  140  15   Patent agents  147  16   Offences and penalties  151  17   General powers of Controller   153  18   General services  160  19   Scientific advisors  164  20   Miscellaneous provisions  167  21   Time limits  170  

University Japan

Oct 7, 2019
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