Dear Shree Sir,.
I would like to know that How and when an invitation is said to be anticipated? is there any affect on the validity of an application for patent?
With Regards
Dinkar Vidyarthi (Advocate) 11 October 2008
Dear Shree Sir,.
I would like to know that How and when an invitation is said to be anticipated? is there any affect on the validity of an application for patent?
With Regards
Shree. ( Advocate.) 13 October 2008
Sir,
I m unable to understand your query .Plz make clearly?
Shree. ( Advocate.) 13 October 2008
Sir,
I m unable to understand your query .Plz make clearly?
Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 14 October 2008
deal dinkar,
I hope u r asking about invention.
Invention means any new and useful (i)art, process, method or manner of manufacture; (ii) machines, apparatus or other article; and (iii) substance produced by manufacture. A patent can be claimed for a medicine or drug. Every invention is not Patentable. What are not inventions are specified in section 3 of the Act and they are separately specified.whether a patent sets out an invention is to be determined by a true and fair construction of the specifications and the claims and in construing the specifications it would be erroneous to rely too much on the title thereof because the title cannot control the actual claim and a misleading title similarly is of no consequence and the words of the specifications should be given their ordinary meaning but where necessary must be construed in the sense in which they are used in a particular trade or sphere in which the invention is sought to have been made and it is the pith and marrow of the invention that has to be looked into and one should not get bogged down or involved in the detailed specifications and claims made by the parties who claim to be patentee or alleged violators.
Senthil Kumar (Patent Consultant) 15 October 2008
Dear Dinakar,
Well. The invention is tested for anticipation to invalidate the patent. The dictionary meaning of "anticipation" means previous notion.
An invention is said to be anticipation when the invention must be described in the earlier publication/patent, such that a person skilled in the art would understand and be able to practically apply the discovery [in earlier patents/publications] without the necessity of making further experiments and must for the purposes of practical utility, be equal to that given by the anticipated invention.
Yes, there will be effect for validity of patent, if the patent is anticpated by prior patent/publications.
Hope it clarifies to your queries.
Senthil
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