If the particular ratio of composition is not mentioned in the specification can he amend the claims after and include particular ratio? Also what will be the effect of non-disclosure on IP rights?
During amendments, only aspects supported by specification can be included in the claims. What do you mean by non-disclosure? As if you haven't claimed anything? In that you don't have rights over it. If you have disclosed something in the specification but not claimed it, in that case, no body else can file a patent on it, but you cant stop anyone from using it because you have not claimed it.
@@AbhayPorwal actually only compostion is disclosed not its particular ratio so that means its a broad claim and risk of infringement is also there right?
Provisional application is only a place holder, it doesn't travel through the patent office unless a regular application is filed. Therefore, a regular application haa to be filed for filing patent of addition later on.
Thank you for this video sir. I wanted to ask a question (not related to this video) but related to section 126 - qualification of the patent agent ... I want to know the gist of chokalingham VS controller of the patent case.
This was regarding the amendments to remove Advocate as the qualification tp register one's name as a patent agent. A writ petition was filed challenging such an amendment - the petition was allowed and the amendments were classified as illegal and void.
@@Omnamahshivay-k9c since the petition is allowed and amendments are termed as illegal - it indicates, advocate can register themselves as patent agent without this exam..
Really happy that you are connecting different sections now - Priority date (post-dating) of an application can be changed as per section 17 - by upto 6 months - such amendments are priority date amendments. Dropping of provisional application 9(4) all together is also kind of changing the priority date - So yes, section 57(5) - allows for such amendments in priority date as per section 17 or 9.
@@AbhayPorwalHi Sir, Section 17 or 9 are talking about before grant of patent and 57(5) is related to amendments after grant of patent so how it is related?
Sir can you explain section 57(6)? According to Section 59: Amendment can be by way of Disclaimer, Explanation, Correction or incorporating actual fact…Does it mean that during changes made in specification for overcoming objections in FER we can make changes in claim also? Or Section 59 is only for after grant
S 59, clarifies to what extent amendments can be made - so that you don't go beyond the scope of the original claims or specification. Yes, during FERs, we can amend claims to overcome the objection of the controller. 57.6 talks about the applicant's right to make amendments to comply with the objection of the controller.
@@AbhayPorwal Sir then if claims are amended in Complete specification in direction of Controller then priority date will change? Can we introduce new subject matter still under the ambit of 57(6)
@@ranjanabhandari3227 No new subject matter, you can't change the scope of the claims. Hence, your priority date will change if the changes are like these.
Hi how we can get word format of forms to fill it, Will you please guide?
Write to me at abhay.porwal@gmail.com
If the particular ratio of composition is not mentioned in the specification can he amend the claims after and include particular ratio? Also what will be the effect of non-disclosure on IP rights?
During amendments, only aspects supported by specification can be included in the claims.
What do you mean by non-disclosure? As if you haven't claimed anything? In that you don't have rights over it.
If you have disclosed something in the specification but not claimed it, in that case, no body else can file a patent on it, but you cant stop anyone from using it because you have not claimed it.
@@AbhayPorwal actually only compostion is disclosed not its particular ratio so that means its a broad claim and risk of infringement is also there right?
Yes, its a broad claim.
Sir..can the name of applicant be ammended or added ..under sec 57 to 59
Clarical errors section 57, addition of new names section 20
@@AbhayPorwal yes sir..many thanks
@@AbhayPorwalin case of clerical errors names can be removed if added by mistake can this section be useful in this case?
@@gaureekukreti6102 No removal/addition through section 57. Only typos can be edited. For anything else Section 20
Are there no videos for Sections related to patent of addition? (Sections 54-56)
Video titled: Types of application covers features of patent of addition.
A person has filed a provisional specification,can he file POA for provisional specification ? Or it is to be filed for complete specification only?
Provisional application is only a place holder, it doesn't travel through the patent office unless a regular application is filed. Therefore, a regular application haa to be filed for filing patent of addition later on.
Thank you for this video sir. I wanted to ask a question (not related to this video) but related to section 126 - qualification of the patent agent ... I want to know the gist of chokalingham VS controller of the patent case.
This was regarding the amendments to remove Advocate as the qualification tp register one's name as a patent agent. A writ petition was filed challenging such an amendment - the petition was allowed and the amendments were classified as illegal and void.
@@AbhayPorwal so sir now, advocates with science degree doesn't need to appear for PAE??
@@Omnamahshivay-k9c since the petition is allowed and amendments are termed as illegal - it indicates, advocate can register themselves as patent agent without this exam..
Sir in section 9(4) cancellation of provisional aplication .. is that related to section 57(5) where priority date is being amended ..??
Really happy that you are connecting different sections now - Priority date (post-dating) of an application can be changed as per section 17 - by upto 6 months - such amendments are priority date amendments. Dropping of provisional application 9(4) all together is also kind of changing the priority date - So yes, section 57(5) - allows for such amendments in priority date as per section 17 or 9.
@@AbhayPorwal okay sir.. also.. as per section 17 it's also in the controller's will to either sanction or reject the request.
Now finally connected.
@@AbhayPorwalHi Sir,
Section 17 or 9 are talking about before grant of patent and 57(5) is related to amendments after grant of patent so how it is related?
Sir, can you please explain in detail the meaning of sub section 2 of 59 ...like what is the meaning to form part of the specification....
Forming part of the specification - It means, the content that you submitted will be treated as part of "the original specification"
Sir can you explain section 57(6)? According to Section 59: Amendment can be by way of Disclaimer, Explanation, Correction or incorporating actual fact…Does it mean that during changes made in specification for overcoming objections in FER we can make changes in claim also? Or Section 59 is only for after grant
S 59, clarifies to what extent amendments can be made - so that you don't go beyond the scope of the original claims or specification. Yes, during FERs, we can amend claims to overcome the objection of the controller.
57.6 talks about the applicant's right to make amendments to comply with the objection of the controller.
@@AbhayPorwal Sir then if claims are amended in Complete specification in direction of Controller then priority date will change? Can we introduce new subject matter still under the ambit of 57(6)
@@ranjanabhandari3227 No new subject matter, you can't change the scope of the claims. Hence, your priority date will change if the changes are like these.