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posted 1 year ago
The Kolkata High court, while hearing an appeal against the refusal of patent application, laid down important guidelines for the Patent office directing that “upon amendment of the claims, the amendment application ought to be examined in a manner similar to the original application. When a complete specification is amended, such amended specification should be re-examined and a Report issued in the manner stipulated under section 12 of the Act”.
Facts
Court Ruling
Our comment
It was earlier the practice of the Indian Patent Office to issue the second examination report before appointing a hearing. And during the Second examination, fresh objections on obviousness and lack of inventive stop could be raised. This practice was discontinued for faster processing of the patent applications and as per the current practice all objections are raised at the same time. However, the Court’s ruling that any amendment made by the applicant should trigger fresh examination is likely to prolong the prosecution procedure. Currently, to overcome the objections, any amendments made by the applicant in the examination are considered by the controller based on the written submissions filed by the applicant.
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