QSC Consultants Pvt Ltd
                                                                                           
Patent Services

How can do patents work by our Company?

  • Drafting the complete specification along with the claims for India and for filing abroad particularly in the United States Patent and Trademark Office and the European Patent Office depending upon the Patent law and practice of such countries.
  • Filing Indian and Foreign Patent applications in the Indian Patent Office and prosecuting applications until grant.
  • Filing and prosecuting applications for Indian and Foreign clients in Patent Offices in other countries through our Associates in such countries.
  • Maintaining Patents for full term, sending renewal reminders, automatic renewing and reinstatement of patents not renewed in time.
  • Drafting and filing assignment deeds.
  • Filing opposition of Patent Applications and revocation of granted patents.
  • Rendering advice regarding patents filed, accepted, and granted in India to Clients and maintaining a Watch on the patents being advertised for clients. Investigating Infringements and filing actions for infringement, revocation of patents.
  • Conducting Searches on line for both name and subject matter.

    The Indian Patents Act 1970 has been amended by Patents Amendment Act, 2002 and Patent Rules 2003 have now been enforced.Amended by Patents Amendment Act, 2002 and Patent Rules 2003 have now been enforced.

What is amendment for request for Examination

  • It is now possible to file an Application for Applications filed by you or also of Applications filed by somebody else provided you can prove your interest in such Applications.
  • The Request for examination has to be filed within 48 months from the date of filing or within 12 months from May 20, 2003,whichever date is later.

What is Amendment for Request for Application for WTO Black Box Application ?

  • The Request for WTO Application can only be made within a period of 12 months from 31st day December of 2004 or within 48 months from the date of the filing of the Application whichever is later.

What is amendment for Convention Country ?

  • “Convention Country” now includes a group of countries, union of countries or an inter-governmental organization.
  • This will enable claiming priority from Applications filed under other treaties and conventions, for e.g European Patent Convention.

What is amendment for The Concept of “invention”?

  • The definition of invention have been enlarged to mean “a new product or process involving an inventive step”. This will render Patentable, inventions hitherto unpatentable in India, e.g…, methods of combustion, signal processing, production of energy etc.

What is amendment for Publication ?

  • An Application for Patent in India will, on expiry of eighteen months from its priority date, be published. Earlier an Application would be published only after acceptance thereof. This will be in line with the PCT and EPO practice. Therefore , only way publication may be avoided is by withdrawing the Application before the expiry of eighteen months from its priority date.

What is amendment for Time for placing the Application in order ?

  • The time for placing the Application in order for acceptance has been reduced from fifteen months (extendible by three months) to just twelve months which will not be extendible. This will again call for a careful re-docketing by Applicants and their Agents to avoid untimely lapse of an Application.

What is amendment for Publication of all documents ?

  • The date of Application, number of application, name and address of the applicant identifying the application and an abstract will be
    published in.

What is amendment in Opposition ?
The following two new grounds of the opposition and revocation have to be added :

  • The complete specification does not disclose or wrongly discloses the source of the biological material used and
  • Anticipation of the invention by prior knowledge, oral or otherwis, available within any local or indigenous community in any country. The purpose is to protect traditional knowledge. We expect that the burden.

What is amendment in the period for Restoration ?

  • The period for restoration of lapsed Patent has been increased to eighteen months from twelve months. No special evidence will be required to be filed.

What is amendment in Reversal of burden of proof ?

  • In special cases where the alleged infringement is for a process for the manufacture of a new product, the burden of proof may be on the defendant to establish that its process does not constitute an infringement. Hitherto, the burden of proof on all classes of infringement cases was always on the plaintiffs.

What is amendment in Term of Patent ?

  • The term of the Patent is now twenty years from the date of filing. This also means that all the patents that had not expire as on May 20, 2003, will have a term of 20 years. This is of great importance for pharmaceutical, agrochemical and food related subject matters patents which will instead of 7 year term shall have a term of 20 years. In other words patent which were expiring after May 20, 2003, will now get a further life of 13 more years.

What is amendment in Appellate Board ?

  • An Appellate Board will be established. This will enable speedy disposal of appeals.
    Information And Documents Required For Filling Patent Applications In India
    Minimum information and documents for filing a Patent Application in India :
  • Name, address and nationality of the Applicant(s) and the Inventor(s).
  • Complete specification in English language including drawings (if any).
  • Particulars of the priority to be claimed such as the date of filing and the Application number of the basic Application.
  • For PCT Applications the International filing date and number and the date of filing and the Application number of the basic Application.

    Information RegardingE Entry Into The National Phase In India Of An Internalnationa PCT Application

    The Time Limit For Entering The National Phase

    BEFORE DESIGNATED OFFICE : Where the Applicant has not filed a demand for international preliminary examination, the time limit within which the Applicant must enter the national phase by performing certain Acts is governed, for the designate Offices, by Article 22. In case of DO/IN it is 21 months from the priority date.

    BEFORE A ELECTED OFFICE : If the Applicant files a demand for international preliminary examination prior to expiration of 19 months from the priority date, the time limit before which the Applicant must enter the national phase by performing certain Acts is governed, for the elected Offices by Article 39(1). In case of EO/IN 31 months from the priority date.

Acts To Be Performed For Entry In To The National Phase

  • An Applicant desirous of entering the Indian national phase before DO/IN or EO/IN is required to perform certain Acts within the time limit Applicable for entry into the national phase [under PTC Article 22 or Article 39(1)]. We have used the sentence "performance of certain Acts" quite often above the actual meaning of the same is meeting the requirements as laid down in the Treaty.The requirements are of two types, namely (a) basic requirements and (b) additional special requirements to be complied with by the Applicant in connection with the national phase.

Additional Special Requirements

  • Under the said additional special requirements (PCT Rule 51bis), no designated Office is to require before the expiration of the applicable time limit for entering the national phase, the performance of acts other than those referred to in Article 22, namely the payment of national fee, furnishing of a translation and, in exceptional cases, the furnishing of a copy of the international application,and indication of the name and address of the inventor. All other requirements of the national law are referred as "special requirements" and they may be complied with once national processing has started. As per DO/IN or EO/IN the Special Requirements Of The Office Are As Follows :
  • Name And Address of the inventor if they have not furnished in the "Request" part of the international Application,
  • Instrument Of Assignment Or Transfer where the Applicant is not the inventor,
  • Document Evidencing a change of name of the Applicant if the change occurred after the International Filing Date has not been reflected in a notification form the International Bureau (From PCT/IB/306),
  • Declaration of inventor ship by the Applicant,
  • Statement regarding corresponding Applications in countries,
    Power Of Attorney if an agent is appointed,
    Address For Service in India ( but no representation by an agent is required),
  • Verification Of Translation, and
  • International Application Or Translation To Be Furnished Three Copies.
  • For obtaining copies of the required documents for filing new PCT Application in India kindly send us an