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Indian Patent Process
ByDr. Kalyan Kankanalakalyan@bananaip.com
www.bananaip.com.comBLOG: www.sinapseblog.com
Fil ing
Place Applications Provisional and Complete Applicant
Filing Strategy Time of f i l ing Purpose of f i l ing Subject matter of application Provisional Vs. Complete
Application Foreign/PCT application
Example Invention is in the field of Optical Fibers. Inventor’s Descript ion of the technology and the invention
PreformMandrel/Core rod
Precursors
Example Contd..
2nd Layer
1st LayerHole
Cross-section of the preform.
Example Contd..
1 S T INVENTION: simultaneous sintering and collapsing
Example Contd… 2 N D INVENTION: Opaque glass tube which is
used during drawing of the optical fiber preform and which is non permeable to IR radiations and heat.
Opaque tube
Preform
Heating element
Optical fiber
Furnace
Example Contd…
Example Contd….. Your advice on fi l ing strategy 1. Your client is an independent inventor. He
is waiting for funding.
2. Your client is a billion dollar company
Priorty Date Filing Foreign priorty PCT priorty
Example
April 24, 2010- Provisional specification disclosing elements A, B and C.
April 22, 2011- Complete Specification with elements A, B, C , D and E
Can the complete specification claim priority from provisional specification?
ExampleApril 24, 2010- Provisional disclosing elements A, B and C.
September 24, 2010- Provisional Specification disclosing elements D and E
April 22, 2011- Complete Specification with elements A, B, C , D and E
Can the complete specification claim priority from provisional specification?
ExampleApril 24, 2010- Provisional specification filed in the United States
September 24, 2010- Provisional Specification filed in Canada
Can a complete specification be filed in India claiming priority from any of the provisional specifications?
Example September 22, 2008- Provisional specification
filed in India September 22, 2009- PCT application filed in
India. Today the client comes to your for filing a
National Stage application in India.
Publication
Notice to public Date of publication Rights start
Examination Request for Examination First Examination Report Response to FERs Hearing
Example First Examination Report: Prior Art
Rejection
Example Claim 1
An apparatus for drawing an optical f iber, said apparatus comprising:
a furnace …. for heating a preform;
a suspension means for suspending said preform and ,a handle adapted to secure a top end of thepreform…..,
wherein said top end of the preform is provided with a tubular
member;
said tubular member covers the top end of said perform and at least a port ion of said handle and extends towards a suspension means along the handle.
Example Examiner’s 1 s t rejection (First Examination Report)
Feed Rod
Example Amendment in Response to the Examiner’s reject ion
An apparatus for drawing an optical fiber, said apparatus comprising: a furnace …. for heating a preform;
a suspension means for suspending said preform and ,a handle adapted to secure a top end of the preform…..,
whereinsaid top end of the preform is provided with a tubular member; and
said tubular member covers the top end of said perform and at least a portion of said handle and extends towards a suspension means along the handle; and
said tubular member is opaque and is non-permeable to infrared radiations.
Example Contd….. (Examiner’s Second Rejection)
Example Contd… Interview with the Examiner to
convince him on the patentabil ity of the claim.
Grant Ready for grant Fee Grant Publish
Opposit ion Pregrant Post grant Grounds
Conclusion Scope of the invention Prosecution History Litigation
Thank You.
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