Thankyou so much sir your videos are actually making me feel confident that i may get the exam cleared. I just couldnt understand the section 49. May be an example or case scenario would be helpful. Please... Please.. i really need it. 🙏
Hello Rashmi, for section 49, there is one video and if that was not enough, there is video on Use cases #5 talking.about exempted activities. Do watch it will clear your doubts. th-cam.com/video/CThWJGs_ywQ/w-d-xo.html The section talks about how usage of an invention on a foreign vessel will not be considered an infringement if they are in Indian waters accidentally and for short duration.
Sir, for ordinary application term of the patent should be 20yrs from priory date. Sometimes if directly complete specification is filed without a provisional then priority date=filing date. So to avoid confusion its better to calculate from priority date. correct me if I am wrong. But y is filing date given in the slide instead of priority date?
Hello sir, can you explain the concept of renewal fees of patent... Like at what timestamps to pay the fees and what extra time is given to pay the late fee
The fees become applicable for the 3rd year onwards, the fee needs to be paid in advance for the next year - you pay this at the expiry of the previous year. it's like your date of birth (filing date of application). The video has nice graphics, please watch it again.
Timestamp 1:40 - "Section 44 - death - after grant of patent ; company closure - before grant of patent", you have mentioned in reverse order. Can you clarify which is correct?
Sir, for just clarification, can u pls explain import of product wala part. Is it mean that we are importing the same product in india from abroad which has patent protection in india But is not protected in abroad. Am I right sir??
If you are talking about 107 - in that case it means that you are buying the product from an authorised entity/person, in that case bringing the product to Indian will not be considered as infringement - as a legit buyer of the goods you are free to deal with it in anywhich way you want Patent rights get exhausted at the first point of sell..
Hello sir, Section 48 says a patentee can exclude others from making, using, selling, offering for sale and importation. What about export then. Does exportation of a patented product, an infringing act?
@@trivenisandhi2199 Why do you think so? If patentee wants to leverage the export market themselves, nobody stops them from doing so. If somebody is buying products from the patentee, isn't the patentee getting benefited?
If you are referring to the controller's decision regarding the patent application, in that case refusal means, no patent is granted on your invention. Your invention is considered non-patentable as per section 2 or 3. You don't have any patent on your invention, no rights, your invention can be used by anyone.
I am sorry for this - I haven't received this feedback before this - is there is a chance that there could be some issue with your earphones? Kindly check.
Hatts off sir to your efforts😊
Keep watching, prepare notes - All the best.
Thankyou so much sir your videos are actually making me feel confident that i may get the exam cleared.
I just couldnt understand the section 49. May be an example or case scenario would be helpful. Please... Please.. i really need it. 🙏
Hello Rashmi, for section 49, there is one video and if that was not enough, there is video on Use cases #5 talking.about exempted activities. Do watch it will clear your doubts. th-cam.com/video/CThWJGs_ywQ/w-d-xo.html
The section talks about how usage of an invention on a foreign vessel will not be considered an infringement if they are in Indian waters accidentally and for short duration.
@@AbhayPorwal thankyou so much sir..
Ill follow further
Feel free to post another query if you still have any doubts
Sir can you plz make a video on demystifying the patent act , patent of addition (54to57) and amendment of application (57to59)
Hello Moinuddin, the content is already available. Please check the playlist
Sir, for ordinary application term of the patent should be 20yrs from priory date. Sometimes if directly complete specification is filed without a provisional then priority date=filing date. So to avoid confusion its better to calculate from priority date. correct me if I am wrong.
But y is filing date given in the slide instead of priority date?
Filing date becomes priority date when priority application is filed. Filing date needs to be given because this is where an application is filed.
Hello sir, can you explain the concept of renewal fees of patent... Like at what timestamps to pay the fees and what extra time is given to pay the late fee
The fees become applicable for the 3rd year onwards, the fee needs to be paid in advance for the next year - you pay this at the expiry of the previous year. it's like your date of birth (filing date of application). The video has nice graphics, please watch it again.
Timestamp 1:40 - "Section 44 - death - after grant of patent ; company closure - before grant of patent", you have mentioned in reverse order. Can you clarify which is correct?
Person died - after grant; company cease to exist -- before grant.
@@AbhayPorwal thanks for clarification
@@prashant3285 Welcome. Keep watching, do like and share.
What if company cease to exist after the grant of patent? Do we have any option?
Sir, for just clarification, can u pls explain import of product wala part. Is it mean that we are importing the same product in india from abroad which has patent protection in india But is not protected in abroad. Am I right sir??
If you are talking about 107 - in that case it means that you are buying the product from an authorised entity/person, in that case bringing the product to Indian will not be considered as infringement - as a legit buyer of the goods you are free to deal with it in anywhich way you want
Patent rights get exhausted at the first point of sell..
@@AbhayPorwal yes sir 107 I understood, here I am talking about imported given under section 47 (that government may import for its own use) &48.
@@rashmichauhan8819 these are the imports which are not considered authorised procurement of the products
Hello sir, Section 48 says a patentee can exclude others from making, using, selling, offering for sale and importation. What about export then. Does exportation of a patented product, an infringing act?
How will you export? Either you manufacture the product or you buy the product right? Do you have permission to do those?
@@AbhayPorwal I have the right to buy from the patentee..right? I buy in bulk and export. Am I wrong pls correct me
@@trivenisandhi2199 Once you buy a product, you can do whatever you want to do.
So, is there no section to stop me from exporting...Then patentees business will be under loss..
@@trivenisandhi2199 Why do you think so? If patentee wants to leverage the export market themselves, nobody stops them from doing so. If somebody is buying products from the patentee, isn't the patentee getting benefited?
what you mean by refuse of patent
if it refused means what the patent will become ??
If you are referring to the controller's decision regarding the patent application, in that case refusal means, no patent is granted on your invention. Your invention is considered non-patentable as per section 2 or 3.
You don't have any patent on your invention, no rights, your invention can be used by anyone.
thank you for your explaination i have cleared my doubt
😢u r voice not clear
I am sorry for this - I haven't received this feedback before this - is there is a chance that there could be some issue with your earphones? Kindly check.