What is Post dating? Term 17 - Key Terms of Patents Act

Term 17: What is post dating?
This video throws light on the meaning of the term 'Post dating' under Section 9 & 17 of the Act of the Indian Patents Act 1970.
This series 'Key Terms of Patents Act' is an effort to explain important terms used in Indian Patents Law. We will take each term one by one and explain to our viewers. These videos will be of immense help to practicing IP professionals as well as people planning to write Indian Patent Agent Examination.
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Term 01: Assignee: • What is an Assignee? T...
Term 02: Resident of India: • Who is a Resident of I...
Term 03: Convention Application: • What is Convention App...
Term 04: Ante-dating: • What is Ante-dating? ...
Term 05: Patent of Addition: • What is Patents of Add...
Term 06: Anticipation: • What is Anticipation? ...
Term 07: Person interested: • Who is a Person Intere...
Term 08: Bolar Exception: • What is Bolar Exceptio...
Term 09: Lapsed Patent: • What is Lapsed Patent?...
Term 10: Jurisdiction: • What is Jurisdiction? ...
Term 11: Parallel Import: • What is parallel impor...
Term 12: True and First Inventor: • Who is a True and Firs...
Term 13: Priority Document: • What is a Priority Doc...
Term 14: Plaintiff: • What is a Plaintiff/De...
Term 15: Appellate Board: • What is IP Appellate B...
Term 16: Burden of Proof: • What is Burden of Proo...
Term 17: Post dating: • What is Post dating? T...
Term 18: Secrecy Directions: • What are Secrecy Direc...
Term 19: Divisional Patent Application: • What is a Divisional P...
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[@gauravprajapati4488]

If any person filed complete specifications with application and within 12 month applicant think that he does some changes in it then it's converted into provisional specifications or not

[@origiinipsolutionsllp7661]

If he wants he can request the Controller to convert his complete spec into provisional spec

[@shilpi9407]

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 answer this question mam

[@mostreliable1199]

So in this case u can post date the provisional specification to 6 months and then within 12 months u can file ur complete specification. It means if ur date was 15.12.2007 and if u post date it to 6 months it would be 15.06.2008 and from there if calculate 12 months then it would be 15.06.2009....so u can file ur complete specification till 15 June 2009.

[@shilpi9407]

@@mostreliable1199 you cannot post date provisional without filing complete, section 9 read with s17

[@mostreliable1199]

@@shilpi9407 you are right...As per the Judgement passed by Delhi High Court on MAY 26, 1999 in Standipack Private Limited & ... vs M/S. Oswal Trading Co. Ltd. You can not post date provisional specification without filing complete application...it means complete application has to be file within 12 months from provisional specification...so the situation u have mentioned in your question won't be possible..Am I right??

[@shilpi9407]

It is a question asked in one of the previous year's examination for Indian patent agent.

[@priyasaroj6444]

👍🏻

[@shilpi9407]

800 Rs. is the answer

[@varaind]

800rs