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Timelines under Rule 138 of Patent Rules are to be interpreted strictly and there cannot be any leeway under Rule 49.6 of PCT Regulations, says Delhi High Court

SpicyIP

of the Patents Cooperation Treaty Regulations (a provision that provides for condonation of delay by a period of one month with respect to the submission of national phase patent application) in the petitioner’s favour. 5 February 2018 The petitioner filed an International Application under the Patent Cooperation Treaty (PCT).

Patent 98
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Schrodinger’s Claims of Mitsui Chemicals: Claims That Are There and Also Not There

SpicyIP

Controller of Patents made some notable observations on amendment of claims in a PCT application and Section 3(h) of the Patent Act. First, the treatment of claims during the national phase entry of a PCT application into India. In a significant order, the Delhi High Court in Mitsui Chemicals v. Let’s dive in.

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Intellectual Property 101: Filing for a Patent in Canada and Beyond

IPilogue

Madelaine Lynch is an IP Intensive intern, an IP Innovation Clinic Fellow, and a 3L JD Candidate at Osgoode Hall Law School. Part 5: Why Can’t I Talk About It, It’s My Invention? Patent protection is jurisdictional, which means that your invention is only protected in the country (or countries) where the patent was issued.

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What happens if your patent is rejected?

Patent Trademark Blog

Yes for utility, and probably not for design. A nonprovisional utility patent application has a roughly 90% probability of at least one rejection. A design patent application has an approximately 86% chance of approval. Basically, expect a utility patent application to be rejected at least once.

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What is a straight continuation application?

Patent Trademark Blog

Patent attorneys will sometimes use the term “straight continuation” to refer to a specific type of child application that stems from a parent patent application. A straight continuation is simply a child application that does not contain new matter. PCT), or an international design application.

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How to Patent a Medical Device

Patent Trademark Blog

Even pending patent applications may help startups raise capital. Manufacturers and designers should pay particular attention to independent claims and the strategy of filing child applications. Design or utility patent? It may help to pursue design patents on any nonfunctional ornamental features of your medical device.

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Highlights from the new EPO Guidelines for Examination 2024

The IPKat

The main updates this year reflect the recent decisions from the Enlarged Board of Appeal (EBA) in G2/21 (Evidence standard for inventive step/plausibility) and G 1/22 (Entitlement to priority). The impact of G 2/21 on inventive step and free evaluation of evidence (E-IV-4.1, Is the Broad CRISPR appeal coming back from the dead?