Section 11B: Request for Examination (India Patents Act)

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  • Опубліковано 21 жов 2024

КОМЕНТАРІ • 39

  • @AbhayPorwal
    @AbhayPorwal  Рік тому +1

    7:32: Please read Form 9A as Form 9 - This is a typo.

  • @stariab2676
    @stariab2676 2 роки тому

    Thank you so much for this wonderfully detailed information.

  • @KnowledgeZoneK
    @KnowledgeZoneK Місяць тому

    Sir, are there any change in these timelines as per new rules?

    • @AbhayPorwal
      @AbhayPorwal  Місяць тому +1

      Yes, the request for examination should be filed within 31 months instead of 48 months as per old rules.

  • @satishkanhed2946
    @satishkanhed2946 Рік тому

    PPH is going with Japan only or with all convention countries Sir..??

    • @AbhayPorwal
      @AbhayPorwal  Рік тому

      PPH is with Japan - it's a pilot project that keeps getting extended year after year - I was not able to find any latest notification from IPO regarding the 4th/5th year commencement of the program.
      As per earlier notification, It was in effect till Jan'23, should have got extended as that's how other patent offices around the globe are moving. Recently, USPTO had also announced a few new partnerships with other patent offices for their PPH program. So, this program is here to say.

    • @satishkanhed2946
      @satishkanhed2946 Рік тому

      @@AbhayPorwal Ok Thank You Sir..

  • @sam33745
    @sam33745 2 місяці тому

    hi sirji, what documents need to be submitted along with form 18 for requesting expedited examination?

    • @AbhayPorwal
      @AbhayPorwal  2 місяці тому

      @@sam33745 if you are eligible for the expedited examination then documents verifying your eligibility should be submitted

  • @sayalipshinde
    @sayalipshinde Рік тому

    Sir, I have a below-mentioned question:
    Appropriate office to file a patent of addition:
    1. branch of IPO where a parent was filed
    2. branch of IPO whose jurisdiction falls under the region where the invention protected in the patent of addition was conceived
    3. Both 1 and 2 are applicable
    4. only 1 is applicable
    I feel after reading rule 4 that option 3 is correct. what are your views on it?

    • @AbhayPorwal
      @AbhayPorwal  Рік тому

      You tell me what section/rule and concept have you applied:-) - I will comment later!

    • @sayalipshinde
      @sayalipshinde Рік тому

      @@AbhayPorwal i have applied rule 4(1)(i)(a). On that basis, i choose option 1, 2 and 3. Please correct me if my answer is wrong.

  • @dwarakaniranjanap
    @dwarakaniranjanap 5 днів тому

    Sir could you please do a video on mock questions?

    • @AbhayPorwal
      @AbhayPorwal  4 дні тому

      I will post some videos on last years questions. However, there are videos already available where I have solved questions from yesteryears.

    • @dwarakaniranjanap
      @dwarakaniranjanap 23 години тому

      ​@@AbhayPorwal thank you sir , the reason for asking is that there are recent changes in the question paper format compared to the previous years .

  • @rashmichauhan8819
    @rashmichauhan8819 Рік тому

    Sir, I have read IPO and JPO PPH agreement and it is written over there that JPO may receive applications in all fields of technology while IPO takes up only few technology domain as you also mentioned. Sir is IPO has any specific reason for not taking up all technology applications??

    • @AbhayPorwal
      @AbhayPorwal  Рік тому

      Rashmi, good that you are taking efforts in going over the program. As per your reading, you may have understood that this program as of now is only on a pilot basis - hence, the number of applications per year are restricted - for the similar reason, they have restricted the technology domains as well - so that they don't get overwhelmed during the pilot phase itself.

  • @gajendrasingh8878
    @gajendrasingh8878 Місяць тому

    2(1)(fb) is section or a rule? , please clarify

  • @satishkanhed2946
    @satishkanhed2946 10 місяців тому

    Sir, the eligibility criteria for Expedited Examination, if the Application belongs to a Special Sector. (What are these Special Sector Sir..??)

    • @AbhayPorwal
      @AbhayPorwal  10 місяців тому

      Any technologies/sectors which are being pumped/pushed by the govt - let's say EVs and Solars these days - I am not saying they are special sector, but a few sectors are given incentives for coming up with innovations that could be helpful for overall growth of the sector and society at large.

    • @satishkanhed2946
      @satishkanhed2946 10 місяців тому

      Thanks Sir@@AbhayPorwal

  • @nutanpawar9034
    @nutanpawar9034 11 місяців тому

    Sir as per new ammendment it is 31months so is it applicable for divisional application and for examination of revoked secrecy direction

    • @AbhayPorwal
      @AbhayPorwal  11 місяців тому

      The amendments are yet to be coded. Whenever it happens, the timelines will change for all patent types

  • @shitalghodinde8426
    @shitalghodinde8426 Рік тому

    Hello Sir,
    If the application is abandoned due to failure to reply FER or in any other case, what applicant can do futher from his end? Also, Can he file his application again because his own application will act as a prior art as it is already published?

    • @AbhayPorwal
      @AbhayPorwal  Рік тому

      Once abandoned, nothing can be done and yes, you can't file the same application again because of prior publication of your own application. You can think of improvement and file around that.

  • @samarthnirali14
    @samarthnirali14 6 місяців тому

    Sir i have downloaded the form 18 but i dont know where to submit it and pay its fee . Pls help

    • @AbhayPorwal
      @AbhayPorwal  6 місяців тому

      Are you the applicant or inventor or acting as a patent agent for a client?
      You can fill the form and send hard copies to the patent office as per your jurisdiction.
      Best is to create a login with the patent office online portal and use the online filing facilities, all the forms and instructions available there

  • @mitalirane817
    @mitalirane817 11 місяців тому

    Sir is PPH pilot program still in force?

    • @AbhayPorwal
      @AbhayPorwal  11 місяців тому

      Mitali, there is no update on it, the third year ended in Dec'22

  • @satishkanhed2946
    @satishkanhed2946 Рік тому

    Sir, can a Person Interested file an expedited examination request for my patent application??

    • @AbhayPorwal
      @AbhayPorwal  Рік тому

      Wow! Very interesting question: whenever you get such doubts, look for the requirements for eligibility for such a request. If you can make all the documents available, you should be able to file it.

    • @satishkanhed2946
      @satishkanhed2946 Рік тому

      Ok Thank You @@AbhayPorwal

  • @swetaaneeshaa
    @swetaaneeshaa Рік тому

    I want to ask whether the PPH is valid in 2023 also?

    • @AbhayPorwal
      @AbhayPorwal  Рік тому

      It is in effect till Jan'23, should get extended as that's how other patent offices around the globe are moving. Recently, USPTO had also announced a few new partnerships with other patent offices for their PPH program. So, this program is here to say.

  • @sandippaul468
    @sandippaul468 7 місяців тому

    Why would I want to examine my own application again?

    • @AbhayPorwal
      @AbhayPorwal  7 місяців тому

      When exactly did you find this confusion?

    • @sandippaul468
      @sandippaul468 7 місяців тому

      @@AbhayPorwal Idk, it felt like why do I have to bother to request 'officially' for an examination of my own invention? Should it not be the duty of the Controller and the examiner themselves to do it before granting the Patent?
      And tysm for still visiting the comments even after 6 months of uploading!!!🙏🙏

    • @AbhayPorwal
      @AbhayPorwal  7 місяців тому +1

      ​@@sandippaul468, the business requirements change, inventions' market traction changes - basically a lot many things may change after filing the invention, so inventor may want to wait to see how the market is accepting the invention and accordingly decide to spend time and energy on examination process.