– Dr.S.P.Subramaniyan, Former Joint Controller of Patents and Designs The filing date of a patent application is one of the most significant date for all the purpose of the application in the patent system. It determines the priority date, influences the assessment of novelty and inventive step, and decide the term and expiry of patent. Because of its legal significance, the priority date cannot be ordinarily altered, but permits only in limited...
. Introduction Patent law is founded upon a simple yet powerful principle: an inventor receives a temporary monopoly in exchange for teaching society how to practice the invention. This principle is often referred to as the “patent bargain.” While much attention is given to the exclusive rights granted by a patent, the corresponding obligation of disclosure is equally important. At the heart of this obligation lies the concept of enabling disclosure. An...
The Foundation of a Valid Patent Specification Introduction A patent is often described as a bargain between the inventor and society. In exchange for a limited monopoly over an invention, the inventor is required to disclose the invention to the public in sufficient detail so that a person skilled in the relevant art can reproduce and practice the invention after the patent term expires. This fundamental principle is embodied in Section 10(4)...
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