CS Professional · Intellectual Property Rights - Law and Practice · Patent Databases and Patent Information System
Neha files an Indian patent application for an invention for which she is also prosecuting an application in Japan. Which course is consistent with section 8 of the Patents Act, 1970?
Neha must file a statement giving detailed particulars of the Japanese application, with an undertaking to keep the Controller informed in writing up to the date of grant in India of further foreign filings for the same invention. This is required by section 8(1).
- AShe need disclose the foreign application only after the Indian patent is granted
- BShe must file a statement of detailed particulars of the foreign application and an undertaking to keep the Controller informed up to the date of grant in IndiaCorrect
- CShe need disclose only if the Controller requires it after grant
- DShe must disclose only foreign applications filed in her own name and never those of persons deriving title from her
Explanation
Section 8(1) requires an applicant prosecuting a foreign application for the same or substantially the same invention to file a statement of detailed particulars and an undertaking to keep the Controller informed, up to the date of grant, of later foreign applications. Section 8(2) lets the Controller additionally call for processing details until grant or refusal. Disclosure is therefore not post-grant.
Did you get it right without looking?
One question tells you little. A timed set on Patent Databases and Patent Information System shows your real accuracy, how long you take and where you lose marks.
More Patent Databases and Patent Information System questions
- Rahul, an employee in the patent office, is approached by an inventor, Kavita, who wants him to draft the complete specification she intends…
- After a section 146 notice, Meera Polymers fails to furnish the working information. Separately, Dinesh Chemicals furnishes a statement that…
- Anil, an examiner, is told by the Controller orally in a corridor to run a search in the patent office records for a private party's prior-a…
- After the examiner's search, Anand Industries obtains a patent. A competitor later finds prior art the examiner missed and argues the Govern…
- Kavita wants to know the status of a pending patent application filed by a competitor. Under the Patents Act, 1970, how can she obtain infor…
- Kavita, a patent office employee, wants to avoid any dispute under the Patents Act, 1970. Which of the following acts by her is NOT covered …