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Iftikhar Ahsan (Indian Patent Agent)     21 May 2009

Role of Prosecution estoppel in Patent Oppostion cases

Estoppel - When one person has by his declaration, act or omission, intentionally caused or permitted another person to believe a thing to be true and to act upon such belief, neither he nor his representative shall be allowed, in any suit or proceeding between himself and such person or his representative, to deny the truth of that thing.

What is role of Prosecution Estoppel in Indian Patent Oppostion cases and suit filed for Infringment.   
Could we apply prosecution estoppel in pre-grant and post grant patent oppositions matters at Indian Patent Office or  it is only limited to the matters in judicial proceeding in court.     
 
Could we use the prosecution Estoppel of USPTO or EPO as evidence in India?
 
 
Would


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 3 Replies

Swami Sadashiva Brahmendra Sar (Nil)     23 May 2009

I think you are asking about promissory (and not prosecution  ) estoppels. It is not limited to pure judcial proceedings. you can take a plea of promissory estoppel before any tribunal including patent registrar.

Iftikhar Ahsan (Indian Patent Agent)     26 May 2009

Dear Mr. Tripathi,

You are rightly said, actually i am talking about more of oppostion matter cases.

However, could we estoppel patent application in India using USPTO or EPO counterpart  cases of same applicant and simillar subject matter? 

Regards,

Iftikhar Ahsan

Swami Sadashiva Brahmendra Sar (Nil)     26 May 2009

Mr Iftikhar ! Kindly grant me some time as this field of law is beyond my regular practice!!


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