ブックタイトル縁19号

概要

縁19号

5. Articles from the former trainees (Patent)Unintentional Abandonment of Patent Applications? Law in IndiaMr. Vijay Kumar Makyam 1 (India)(FY2017 JPO/IPR Training Course for Practitioners Specializing in Patents,22 August - 7 September, 2017)Intellectual Property Rights are granted to encourage and motivate intellectual creation at large and it is akind of reward for disclosure of such intellectual creation to the world. The most powerful form of IntellectualProperty rights is Patents among all other varieties of Intellectual Property rights. Patents are grantedto technological inventions which are novel, non-obvious and have utility, popularly called as NUN test forgrant of patents. The law relating to Patents has been harmonized around the world with TRIPs Agreement(One of the several WTO Agreements) that was entered into on 1st January 1995. The requirements forgrant of patent, period of protection, subject matter and minimum standards etc., were discussed in theagreement and members are instructed to implement the same in their municipal laws with specific timeframe.Patent law around the world has been thus harmonized with the implementation of TRIPs Agreement bymember nations of WTO. However, there are still some issues which are different in each jurisdiction. In thisarticle, I have tried to expose one such issue i.e., unintentional abandonment of patent applications and lawrelating to the same in India comparing the same with law in other countries.LAW IN INDIA・Section 21 of the Patent Act, 1970 (the Act) provides for time for putting an application in order forgrant. A patent application is deemed to be abandoned unless within the prescribed period the applicanthas complied with all the requirements as mandated by the statute.・Rule 24B(5) of Patent Rules (Incorporated by 2016 amendment) provides that the time for putting anapplication in order for grant under section 21 shall be six months from the date on which the first statementof objections is issued to the applicant to comply with the requirements (i.e., within SIX MONTHSfrom the date of issue of First Examination Report (FER/ First Office Action).・Further, Rule 24B(6) (Incorporated by 2016 amendment) states that the time for putting an application1 Vijay Kumar Makyam, Founder and CEO of I-WIN IP Services an Intellectual Property Services firm based out ofHyderabad, India and can be reachable at vijay@i-winip.com or +91-9700029123IP Friends Connections August 2018 No.19ENISHI23