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DHC Holds Non-filing of Written Submissions by Applicant Cannot be Used to Delay Patent Application Processing

SpicyIP

Image with text reading “Keep Calm and Expect Delays” Last week, the Delhi High Court pronounced a decision rebuking a patent applicant for causing unnecessary delays in the patent application process by seeking repeated adjournments and not filing written submissions on time. In the case of FMC Corporation v.

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Can an Abandoned Patent Application be Revived?

Intepat

Upon notification, the applicant is expected to reply to the objections within six months, or the applicant can take an extension of another 3 months for filing of the reply. If the applicant fails to file a reply to the objections, the application is deemed to be abandoned. Author: Mansi Tiwari, Interns @IntepatIP.

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The Times They Are a-Changin’? A Look at the Revised Patent Prosecution Timelines in the Draft Patent Amendment Rules

SpicyIP

While we are working on a separate post, with comments on the different aspects of these suggested amendments, we are pleased to bring to you a post on the proposed changes to the prescribed timeline for the examination of a patent application. The post is authored by an extremely diligent SpicyIP intern Md.

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Before the Breakthrough: Does Prior Art Include Wrongfully Published Applications?

SpicyIP

Vandana Parvez vs The Controller of Patents , dealt with a withdrawn patent application that had been wrongfully published and then later cited as prior art for the same applicant’s subsequent patent application! Despite the withdrawal of the appellant’s patent application, it was wrongfully published.

Art 105
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High Court of Delhi extends statutory deadline for filing response to FER in European Union’s patent applications

LexBlog IP

(C)-IPD 6/2022, the Petitioner (European Union) filed two writ petitions against two orders passed by the Controller General of Patents for deemed abandonment of its patent applications. The first patent agent filed Indian Patent Application No. The first patent agent filed Indian Patent Application No.

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Delay in filing Request for Examination due to negligence of legal counsel – Madras High Court orders restoration of the abandoned patent application – India

Selvam & Selvam Blog

November 4, 2022: The Madras High Court allowed the two writ petitions filed by the applicant with respect to two patent applications that were deemed abandoned by the Indian Patent Office on account of delay in filing the Request for Examination. In Chandra Sekar Vs. The Controller of Patents and Designs & Anr.

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Universal Health Network v.  Adiuvo Diagnostics Private Limited: Clarity on Writ Jurisdiction against Orders from the IPO 

SpicyIP

UH filed a patent application in Delhi, which AD opposed with a pre-grant opposition also filed in Delhi. Both the examination of the patent application and the objection were assigned to the Office of the Patent Controller in Chennai, where the objection was dismissed, and the patent was granted to UH.

Business 110