You can definitely attempt the exam. Go over each of the videos and then read the act - you will have greater grasp over the concepts and won't need to mug anything
Thankyou Sir, 😊 Your explanation helped me to understand how to study Bare Act book, I went through sections without acknowledging about Forms/documents to submit as well the timeline. But now, along with section because of your videos I know what are the forms to submit as well within what timeline 👍
I'm a little confused about the conditions under which you can post date your application under 9(4) If I file a provisional and convert to regular specification, the grant (examined on the basis of complete specification) would anyway be subject to absence of obviating prior art. So does that mean every granted application will automatically be post-dated ?
Automatically? The section 9.4 only talks about having an option of disowning/dropping the priority date of the provisional application before grant of the regular application. You can do this to extend the term of your patent when you are confident that no other prior art would have emerged in the months between the provisional filing and regular filing.
Sir you are amazing. Thank you so much for the great understanding with examples. I tried to understand this provision this way but was confused a lot. And now it's clear. Thanks
Say after filing provisional application, the person meets an accident where he couldn't work for 12 months. Will the provisional still be valid if he could show proper reasons of not filing for complete application in time? And in that case how much time will he get after showing them the reasons?
Hello Sir, I have a doubt, as mentioned in Section 53, the term of the patent is calculated from the filing date (not the priority date). In that case, how does cancelling the provisional application shift the term life?
In case you are claiming priority date - in that case all the calculations happen from the priority date and not the filing date - the effective filing date is the priority date.
Sir in 9.2u said that if information is not disclosed in P1 or P2 then date would be date of regular application means of entire portion not whole thing ....so what is this portion or entire thing
The most important aspect of a patent application is the date of the claim (invention/feature) because from this date your monopoly starts (upon grant) - so whenever such a feature/claim is disclosed - that becomes the priority date for that feature/claim - portion. In the above case if the information was not disclosed in P1 or P2 - but it is disclosed only in regular application - than the priority date of the information will be of regular filing date - we discussed one use case of such a scenario in part 7 of use cases playlist.
The first 3 minutes of Video talks about what is provisional application and why you may need to use this option. A provisional application is a type of application that you file when you are not ready with your complete invention or when you are not sure about if the invention is worth putting the time in, or you don't have enough funds. But at the same time, you don't want to lose on the invention date (Filing date) so you file a provisional application - which patent office doesn't look at (doesn't examine or publish) - once you file a complete (regular) specification - that gets published and examined by the patent office.
Hi sir, there was a question in previous year papers. You have filed an application with provisional specification on behalf of your client on 15.12.2007,but client is not in a position to provide total inputs to file a complete specification within prescribed time but only around 15.2.2009 ,what action will you take? Please reply to this in a detailed manner. Thankyou
Aanchal, I have provided solution/approach this scenario in first use case video where I talk about filing stage questions. Please refer to th-cam.com/video/j22SlHQze7M/w-d-xo.html
For section 9.3, the applicant has filed a first regular application and then he requests to consider it as a provisional application and later on he files another say second regular application.The time period of 12 months is calculated from first regular application to second regular application Or is it the time between the first/second regular application and provisional ??
It is always calculated from the earliest filing date. In your example, it would be the first regular application's filing date even if that was converted into a provisional application. The 12 month's start from the very first filing.
9.4 and 17 are different. 9.4 provides you an option of dropping your provisional application all together - there is no provisional application/ priority left in 9.4
@@sruthisundarraj8961 you are no applying section 17 here, you are availing option of section 9.4 which allows to disregard your provisional application all together and all consider regular application for all examination as well as "dates" point of view.
Sir in case of 9.3 what will be the priority date ? Will it be of the first regular application filed or the first provisional application filed (after cancellation of the first filed regular application)?
Sir my doubt got resolved...the applicant is not cancelling the regular application but just requesting the controller to consider the regular application as provisional specification and that too within a period of 12 months....so the priority date of First filed application will be considered in this case. I hope I am correct
Sir your explanation was very clear and looks like by listening the classes itself we can attend for exam. Thankyou very much sir.
You can definitely attempt the exam. Go over each of the videos and then read the act - you will have greater grasp over the concepts and won't need to mug anything
Thankyou Sir, 😊 Your explanation helped me to understand how to study Bare Act book, I went through sections without acknowledging about Forms/documents to submit as well the timeline. But now, along with section because of your videos I know what are the forms to submit as well within what timeline 👍
Happy for you Ami. Please feel free to reach out should you need any help.
Your lecture will definitely help to candidates are preparing for patent agent exam
Thank you!
Simple and clear.. well structured.. 👌🏽✨️
Like and share please!
Thanks sir, very nice
So nice of you
Great
thank you soo much sir
Thank you Rishab. I am glad, you liked the content.
I'm a little confused about the conditions under which you can post date your application under 9(4)
If I file a provisional and convert to regular specification, the grant (examined on the basis of complete specification) would anyway be subject to absence of obviating prior art. So does that mean every granted application will automatically be post-dated ?
Automatically? The section 9.4 only talks about having an option of disowning/dropping the priority date of the provisional application before grant of the regular application. You can do this to extend the term of your patent when you are confident that no other prior art would have emerged in the months between the provisional filing and regular filing.
Sir you are amazing. Thank you so much for the great understanding with examples. I tried to understand this provision this way but was confused a lot. And now it's clear.
Thanks
Thank you! I am glad it helped. Please like the video, it will help me to increase the reach.
Say after filing provisional application, the person meets an accident where he couldn't work for 12 months. Will the provisional still be valid if he could show proper reasons of not filing for complete application in time? And in that case how much time will he get after showing them the reasons?
You can post-date the provisional application under section 17 upto 6 months. The post-date application should be filed before the expiry of 12 months
@@AbhayPorwal 😊tysm🙏🙏🙏
Sir, Is patent act pdf downloaded from ipindia site same as the patent act books available?
I would suggest to buy the bare act
@@AbhayPorwal thank you so much
Hello Sir,
I have a doubt, as mentioned in Section 53, the term of the patent is calculated from the filing date (not the priority date). In that case, how does cancelling the provisional application shift the term life?
In case you are claiming priority date - in that case all the calculations happen from the priority date and not the filing date - the effective filing date is the priority date.
@@AbhayPorwal Thank you for the clarification
Sir in 9.2u said that if information is not disclosed in P1 or P2 then date would be date of regular application means of entire portion not whole thing ....so what is this portion or entire thing
The most important aspect of a patent application is the date of the claim (invention/feature) because from this date your monopoly starts (upon grant) - so whenever such a feature/claim is disclosed - that becomes the priority date for that feature/claim - portion. In the above case if the information was not disclosed in P1 or P2 - but it is disclosed only in regular application - than the priority date of the information will be of regular filing date - we discussed one use case of such a scenario in part 7 of use cases playlist.
@@AbhayPorwal Thanks Sir
Sir what is difference between Provisional and regular application ....why this regular word is used?. Pls explain me
The first 3 minutes of Video talks about what is provisional application and why you may need to use this option. A provisional application is a type of application that you file when you are not ready with your complete invention or when you are not sure about if the invention is worth putting the time in, or you don't have enough funds. But at the same time, you don't want to lose on the invention date (Filing date) so you file a provisional application - which patent office doesn't look at (doesn't examine or publish) - once you file a complete (regular) specification - that gets published and examined by the patent office.
@@AbhayPorwal thank you Sir
Hi sir, there was a question in previous year papers.
You have filed an application with provisional specification on behalf of your client on 15.12.2007,but client is not in a position to provide total inputs to file a complete specification within prescribed time but only around 15.2.2009 ,what action will you take? Please reply to this in a detailed manner. Thankyou
Aanchal, I have provided solution/approach this scenario in first use case video where I talk about filing stage questions. Please refer to th-cam.com/video/j22SlHQze7M/w-d-xo.html
@@AbhayPorwal ok thanks sir
For section 9.3, the applicant has filed a first regular application and then he requests to consider it as a provisional application and later on he files another say second regular application.The time period of 12 months is calculated from first regular application to second regular application Or is it the time between the first/second regular application and provisional ??
It is always calculated from the earliest filing date. In your example, it would be the first regular application's filing date even if that was converted into a provisional application. The 12 month's start from the very first filing.
@@AbhayPorwal thanks for quick reply Sir😊
what is the time line for post dating according to sec 9.4 12m can be post dated and sec 17 it can be post date 6m can you diffentate it pls
9.4 and 17 are different. 9.4 provides you an option of dropping your provisional application all together - there is no provisional application/ priority left in 9.4
@@AbhayPorwal then sec 17 tell about 6 months allowed in post dating for ??
can you reply for this
@@sruthisundarraj8961 you are no applying section 17 here, you are availing option of section 9.4 which allows to disregard your provisional application all together and all consider regular application for all examination as well as "dates" point of view.
@@sruthisundarraj8961 any application can be post-dated by upto 6 months is what it says.
Sir in case of 9.3 what will be the priority date ?
Will it be of the first regular application filed or the first provisional application filed (after cancellation of the first filed regular application)?
Sir my doubt got resolved...the applicant is not cancelling the regular application but just requesting the controller to consider the regular application as provisional specification and that too within a period of 12 months....so the priority date of First filed application will be considered in this case. I hope I am correct
Please see the video again - i will answer once you have gone through it again.
Watched sir
@@mitalirane817 absolutely correct! See, the videos are really simple - if you listen to them carefully, rarely you will be left with any doubts :-)
Thank you so much sir 😊 Yes really the videos are really very simplified