Pre-grant, means opposition before the grant has happened. 20 years is the total life of a patent - there is no point of opposing a patent once it has expired (after 20 years)
A Quick Response: Patent is revoked as per section 64-66 and 85 after getting granted - when someone challenges the patent on merit either on technical grounds or compliance grounds. Patent application is considered to be abandoned when the applicant fails to comply with a requirement within a given time duration. Please look at the community tab, I had created a detailed post regarding terms abandoned, lapse, surrendered and revoked. Please let me know if you can't locate it.
Sir if the applicant does not answer within three months of the notice of the Controller then what happens? Is it an extendable time or does the opposition proceed without the applicant's response?
To file an opposition, the person must be the person interested (belongs to that particular field). Anyone who is not related to that particular field cannot file the opposition. Right, Sir??
One comment.. There are many sub clauses like a, b, c... which you have not covered in this video for Section 25 (1), otherwise video is quite simple and easy to understand 😃🙏
Arun, the sub-clauses that you are referring to are nothing but the grounds under which an opposition can be filed. The same has been explained in detail in this video. In fact, you don't need to remember the grounds by their respective sub-clauses (a,b,c...). Please let me know if this is not the case.
@@AbhayPorwal yeah you are right, all sub clauses are covered except for sub clauses a: invention obtained wrongfully, d: publicly known by a product made by the process and imported in India before priority date of Invention and sub clause k: anticipated by knowledge, oral or otherwise available with local or indigenous community in India or elsewhere
Please check again, the slide should have all such content. You don't need to remember the grounds based on whether it is a or b or c, hence, I took this approach to explain the grounds in terms of section numbers that we read through in the initial videos. Any which way, thank you for spending time on the video and providing your feedback. Please do well!
Great video sir,please tell why there is a diff b/w 25(1)(i) and 25(2)(i)
Sir, can pre grant oppositions continue even if 20 years from date of filing have been completed?
Pre-grant, means opposition before the grant has happened. 20 years is the total life of a patent - there is no point of opposing a patent once it has expired (after 20 years)
Sir, I have come across one such patent where the lifetime has expired in 2023, but pre grant hearing is scheduled for May-2024
@@prekshagarach6122please share details
IN 1133/delnp/2015
Sir application bibliography details are wrong there actual filing date is 2003 as per which patent term is completed in 2023
Abhay bhai acha se smjhana
Ravi, aapko samaj mai aaya? Do you have any questions?
Relief for controller from postman job..to forward copies of documents to the parties 🥳
Waa there any question in there, Rasika?
@@AbhayPorwal No
Hello Sir can you please explain the difference between patent abandoned and patent revoked.
A Quick Response: Patent is revoked as per section 64-66 and 85 after getting granted - when someone challenges the patent on merit either on technical grounds or compliance grounds.
Patent application is considered to be abandoned when the applicant fails to comply with a requirement within a given time duration. Please look at the community tab, I had created a detailed post regarding terms abandoned, lapse, surrendered and revoked. Please let me know if you can't locate it.
@@AbhayPorwal thank you so much sir your sessions are really great and very helpful for preparing Patent Agent exam.
@@AbhayPorwal I have one more question Sir. Can you just brief me how to answer situation based question in paper 2 . Just a brief format.
Sir if the applicant does not answer within three months of the notice of the Controller then what happens? Is it an extendable time or does the opposition proceed without the applicant's response?
Extension can be sought as per the controller's discretion, but if you don't respond, the application most probably gets rejected
To file an opposition, the person must be the person interested (belongs to that particular field). Anyone who is not related to that particular field cannot file the opposition. Right, Sir??
Person interested should be involved with the field in any capacity
@@AbhayPorwal Ohk.. Thank You Sir..
One comment.. There are many sub clauses like a, b, c... which you have not covered in this video for Section 25 (1), otherwise video is quite simple and easy to understand 😃🙏
Arun, the sub-clauses that you are referring to are nothing but the grounds under which an opposition can be filed. The same has been explained in detail in this video. In fact, you don't need to remember the grounds by their respective sub-clauses (a,b,c...). Please let me know if this is not the case.
2:49 onwards, you have the grounds, which are nothing but the sub-clauses.
@@AbhayPorwal yeah you are right, all sub clauses are covered except for sub clauses a: invention obtained wrongfully, d: publicly known by a product made by the process and imported in India before priority date of Invention and sub clause k: anticipated by knowledge, oral or otherwise available with local or indigenous community in India or elsewhere
@@AbhayPorwal for patent agent exam they might ask whether it is ground or not.. Where such sub clauses will be useful to remember
Please check again, the slide should have all such content. You don't need to remember the grounds based on whether it is a or b or c, hence, I took this approach to explain the grounds in terms of section numbers that we read through in the initial videos. Any which way, thank you for spending time on the video and providing your feedback. Please do well!
Is there any extention for revert back for opposition response? Like form 4.
Section 138 categorically state that timeline mentioned in rule 55.4 can't be extended
@@AbhayPorwal thanks
@@paritosh1234 this is mentioned as ‘except’. Please give it another read