How to bypass Novelty objection in FER vis-a-vis patent application?

In order to overcome objection made by the Controller in the First Examination Report (FER), with regard to novelty, I generally undertake the following steps in order to make an appropriate response to the objections raised. There is no straight… Continue Reading

Indian Patent Procedure 3 -‘Client2Attorney’

This post continues from Indian Patent Procedure 2. Dear Mr X, We write in furtherance of our previous letter, apprising you of the examination process in the Indian patent procedure. Another crucial stage to note is the stage of opposition.… Continue Reading

Indian Patent Procedure 2 – ‘Client2Attorney’

This is post is in continuation of Indian Patent Procedure. Dear Mr X, We write in furtherance of our letter dated December 13, 2017, apprising you of the filing process vis-a-vis the Indian patent procedure. In this mail, we will… Continue Reading

Indian Patent Procedure – ‘Client2Attorney’

Client’s mail Dear Mr L & P, I am the inventor of ABC invention, I wish to file for a patent in India, and maybe overseas also. Can you elaborate upon the entire Indian patent procedure? Regards, Mr X Attorney’s… Continue Reading

Patent Infringement Analysis – Part-II

In a previous post, I had covered the basics of patent infringement and how to ascertain literal infringement of a patent claim vis-à-vis all element rule. In this post, I shall be covering the basics of infringement by equivalence and… Continue Reading

Patent Infringement Analysis [with example] -Part-I

In simple terms, patent infringement occurs whenever a person exercises the exclusive rights of a patent holder without his/her authorization, within the country of patent grant and during the term of the patent. Upon analysis, a patent will be considered… Continue Reading

Industrial applicability requirement for patent grant in India

There are three basic requirements for patent grant in India: (1) Novelty; (2) Inventive Step; and (3) Industrial Applicability. While many have expounded upon the first two requirements, only a handful of people, including academicians, have described what the third… Continue Reading