A Presentation on 'Indian Patent Process and Prosecution" by Dr. Kalyan C. Kankanala

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!ndian Patent ProcessByDr. Kalyan Kankanalakalyan@brainleague.comwww.brainleague.comBLOC: www.sinapseblog.comiling Place Applications Provisional and Complete ApplicantFiling Strategy 'ime of filing Purpose of filing Subject matter of application Provisional vs. Complete Application oreign/PC' applicationample !nvention is in the field of Optical ibers. !nventor's Description of the technology and the inventionPreformNandrel/Core rodPrecursorsample Contd..

ndLayer1stLayerHole Crosssection of the preform.ample Contd..1S'!NvEN'!ON: simultaneous sintering and collapsingample Contd. ND!NvEN'!ON: "paque glass tube which is used during drawing of the optical fiber preform and which is non permeable to !R radiations and heat. "paque tubePreformHeating element"ptical fiberFurnaceExample Contd.Example Contd... Your advice on filing strategy . Your client is an independent inventor. He is waiting for funding.2. Your client is a billion dollar companyPriorty Date iling oreign priorty PC' priortyampleApril 24, 200 Provisional specification disclosing elements A, B and C.April 22, 20 Complete Specification with elements A, B, C , D and Can the complete specification claim priority from provisional specification?ampleApril 24, 200 Provisional disclosing elements A, B and C.September 24, 200 Provisional Specification disclosing elements D and April 22, 20 Complete Specification with elements A, B, C , D and Can the complete specification claim priority from provisional specification?ampleApril 24, 200 Provisional specification filed in the nited States September 24, 200 Provisional Specification filed in Canada Can a complete specification be filed in !ndia claiming priority from any of the provisional specifications? ample September 22, 2008 Provisional specification filed in !ndia September 22, 2003 PCT application filed in !ndia. Today the client comes to your for filing a National Stage application in !ndia. Publication Notice to public Date of publication Rights startExamination Request for Examination irst Examination Report Response to ERs Hearingample irst Examination Report: Prior Art Rejectionample Claim 1 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 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 portion of said handle and extends towards a suspension means along the handle.ample Examiner's 1strejection (irst Examination Report)Feed Rodample Amendment in Response to the Examiner's rejection 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, andsaid tubular member covers the top end of said perform and at least a portion of said handle and etends towards a suspension means along the handle, andsaid tubular member is opaque and is nonpermeable to infrared radiations.ample Contd... (Examiner's Second Rejection)ample Contd. !nterview with the Examiner to convince him on the patentability of the claim.Crant Ready for grant ee Crant PublishOpposition Pregrant Post grant CroundsConclusion Scope of the invention Prosecution History Litigation 'hank You. or further information: www.sinapseblog.com