The meaning and merits and demerits of a provisional application have been explained in the previous blog post. Within 12 months of filing a provisional application, the complete specification has to be filed, in order to prevent the provisional application from being abandoned. This is envisaged in Section 9 1 of the Patents Act, The question that arises then is whether the time limit of 12 months for filing the complete specification can be extended. Section 17 of the Patent Act , states that at any time after filing an application but before the grant of a patent the applicant may request for post-dating the patent application.
Post dating of patent application in india
Section 17 of the Patent Actstates that at any time after filing an application but before the grant of a patent the applicant may request for post-dating the patent application. However, the post-dating cannot be made to a date later than 6 months from the date on which the application was made.
This provision for post-dating a patent application applies to both provisional as well as complete specifications. The content of Section 17 is subject to the provisions of Section 9. The most significant question that arises is whether post-dating a provisional patent application simultaneously increases the time limit for filing the complete application.
Mar 18, Officers of Indian Patent Office Reservation roster of Group A in respect of the post of Examiner of Patent and Designs (By Open Competition) w.e.f. to ( KB) Roster of Group B (Gazetted). May 13, Post-dating allows the patent application to shift the original application date forward to a later date. Usually, the period to shift the original application date is maximum six months. Some countries such as India, New Zealand and United Kingdom provide an option to extend the period for filing the complete specification up to six months. Jul 16, Section 17 of the Indian Patents Act provides for postdating of patent applications. The preamble to Section 17 clearly states that the provisions of Section 17 are subject to .
In simple words, whether the time limit for filing the complete specification will be calculated from the date of filing the application or from the post-dated date.
There is no direct answer to this as neither Section 9 nor Section 17 contains anything about shifting the month deadline.
Owing to this different interpretations must be taken recourse to. The fact that the contents of Section 17 are subject to Section 9 leads to the conclusion that the provisions of Section 9 must comply with before invoking Section This means that irrespective of post-dating, the complete specification must be filed within 12 months of filing the provisional specification.
Post-dating refers to the shift in the Priority date of an application to a later date. The post-dating provision is available in various jurisdictions and in India, an application, whether provisional or non-provisional, can be post-dated up to a maximum of 6 months from the Date of . May 15, In India a provisional patent application is filed to gain the earliest filing date (priority date) for the invention. Reserving the earliest filing date is important in terms of patent grant process. Post dating of Application. In general, post-dating refers to the shift in the Priority date of an application to a later date. US patent laws do not consider the priority claimed from a post-dated application ( MPEP). This section recognizes the practice of post-dating in other jurisdictions but also lays down that the 1-year filing deadline for an application will remain the same, i.e., from the original filing date, even if the priority application is post-dated.
The previous application may not thereafter serve as a basis for claiming a right of priority. Inthe 6 Gulf countries namely Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the United Arab Emirates had come together to form a unitary, uniform and harmonized cooperation council to ensure a single system of patent rights protection by way of a single application covering all the 6 participating countries.
Applicants must ensure filing of applications with the GCC within 12 months of the priority date. It will be not possible if it is more than a year.
Consider that the original filing date of the foreign priority application is March 31, and the applicant post-dated to September 30, The applicant then filed an application in the United States on January 31, You are commenting using your WordPress. You are commenting using your Google account.
PATENT ACT I SECTION 13 I IPR
Sec 17 1. In Standipack Pvt.
Post-Dating in India: The meaning and merits and demerits of a provisional application have been explained in the previous blog post. Within 12 months of filing a provisional application, the complete specification has to be filed, in order to prevent the . In India, a patent application can be withdrawn in the following ways: a request for the withdrawal of the application can be filed within 15 months of the date of filing or date of priority, whichever is earlier and accordingly the application will not beFile Size: 1MB. Oct 10, Post dating means to change the priority date of a patent application to a later date. The Indian Patent Act enables a patent application to be post dated under Sec 17 of the Patents Act to a maximum of 6 months from the date of making this kind of application, provided that the request for post dating is made before the grant of the patent. Why is Post dating done?
Oswal Trading Co. Where a complete specification has been filed in pursuance of an application for a patent accompanied by a provisional specification or by a specification treated by virtue of a direction under sub-section 3 as a provisional specification, the Controller may, if the applicant so requests at any time before [grant of patent], cancel the provisional specification and post-date the application to the date of filing of the complete specification.
The interpretation of Sec 9 4 is that when the inventor has not provided sufficient disclosure or has provided incomplete information in the provisional specification, he can file a complete specification within 12 months of filing the provisional specification and may request to cancel the such provisional specification. In this case, the date of application will be the date on which such complete specification is filed.
Adhering to the Patent Application timelines is crucial. It is always advised to seek professional help to ensure appropriate guidance for your patent applications. Post Dating Patent Applications in India.
October 10, by Intepat Team Patent.