need the answer soon....

Isha Arora (Querist) 15 November 2009 This query is : Resolved
Explain the Procedure of filing a 'patent application'. Also discuss the essentials of an invention for obtaining a valid patent.

I will feel obliged by ur quick answers experts.

thanx.

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Manish Singh (Expert) 16 November 2009
I dont remember the detailed procedure now bt for patent filing you can file the first specification at the patent office which must be specific about the invention and the uses (when u r in the process of inventing some product). then after u can file the final specification when u finally invent the product. its essential to be useful for public at large to be called a patent and also just because its been granted patent does not prevent it from being challenged in a court of law against the vaildity of being a patent.

there are several case laws incuding some recent case laws which discuss the essentials of being a valid patent.

Bilcare Limited vs Amartara Private Limited on 20 March, 2007 Del HC -
The fundamental principle of Patent Law is that a patent is granted only for an invention which must be new and useful. That is to say, it must have novelty and utility. It is essential for the validity of a patent that it must be the inventor's own discovery as opposed to mere verification of what was already known before the date of the patent.

In the decision reported AIR 1969 Bombay 255 (F.H. & B. Corpn. Vs.
Unlchem Laboratories) Justice Vimadalal on the question as to what is an
invention has held as under "16(i). An invention consisting of the production of new substance from known
materials by known methods cannot be held to possess subject-matter merely on
the ground that the substances produced are new, for the substances produced may
serve no useful purpose, in which case the inventor will have contributed
nothing to the common stock of useful knowledge (the methods and materials
employed being already known) or of useful materials (the substances produced
being ex hypothesis, useless)

G V S Jagannadha Rao (Expert) 16 November 2009
It is not very easy to explain in a forum like this. It requires lot of study. If your want to know about it for the sake of knowledge as a lawyer, better go through good commentaries of authors like Mr. P Narayanan.

If you are an inventor, consult a good Patent Lawyer. You select a good lawyer with a Science degree and sound practical knowledge in patent filing.

Raj Kumar Makkad (Expert) 16 November 2009
Though Manish has tried to focus light on main contents of the procedure but despite of this I suggest to engage an expert local lawyer on such subjects and prepare your documents even on his advice so that you may get proper and continuous guidance on the day to day problems which generally occur in such matter till the patent is finalized.

Manish Singh (Expert) 17 November 2009
all the case laws over the said issues will be sufficient for you to make out what can be termed patent and accordingly you can draft your specification to be filed at the patent office.

Adinath@Avinash Patil (Expert) 20 November 2009
MANISH HAS EXPLAINED VERY GOOD I AGREE WITH HIM

Guest (Expert) 25 November 2009
The attached file may be useful to you Isha. For further clarifications, you may get in touch at 98457 02459.

bail for all call-9811443969 (Expert) 25 November 2009
in the patent filing procedure first you have to filing process is as under :

1. file a provisional specification of your invention, for the getting of priority date.
2. the registrar/ Controller of the patent office check it and if he have any objection than he send a notice to this effect and you have an opportunity to be heard and remove the objection raised by the registrar/controller
3.the work is published in the patent journal
4. than the patentee made an application for the request of objection from the whole world.
5. the patentee remove those objection
6.file the complete specification within 12 months from the provisional specification.

patent is registered if the above procedure is fulfill.

need the answer soon....

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