Hello Sir. Thanks for your inputs. I have one query. While preparing for the Patent agent exam, we generally memorise the sections numbers and forms. So when we are in the exam hall, can we jot down the memory list on the back of the question paper so that we can quickly use our own information when answering the questions ?? (just like we do rough work in maths or engineering subject exams)
I think the invigilators may object to any annotations on the question paper. While I would be wary of writing anything extra on the answer sheet, if it is extremely necessary, you may rather create a rough sheet in the answer book and jot down the memorised content there with pencil. Do remember to erase the extra content you have written in the rough sheet before submitting the paper.
While i will have to again check question 4(b), however form 6 is for change of applicant (due to assignment). You cannot use it for changing inventor details as per my understanding
@@lex-thelighthousebeacon sir in the mentioned question a new inventor is being added up while others will be there too. Since it has been mentioned in the question that Bikram has helped in further innovation, can those details be used for the assignment for the application? It has been mentioned in sec 20(3) that no such addition shall be done without the consent of other patentees. Will the acknowledgement of his contribution be a valid ground for using form 6?
@@kajalshrivastava4165 by Form 6, you add/delete/change the applicant. Applicant s totally different from the inventor. Applicant is the owner of invention and thus, has monetary considerations attached to status while inventorship is more to deal with recognition of who conceived the invention. Form 6 deals with assignment of ownership which is done when applicant change. In case of addition of inventors, no ownership change is happening. Addition of inventors could be done at the time of filing the Complete Specification in case a provisional has been filed first or later on form 8. So you can add inventors by applying on form 8 if adding them at a stage later than filing of CS. I have made a detailed video on addition of inventors. You could refer to that for clarity- ruclips.net/video/BDUTBBsGi1Y/видео.html In case it is still not clear, please drop a question again.
sir, can you please suggest the best institution to do a management course in IPR or a Postgraduate Diploma in IPR? As far as I searched, I could not find any recognized institution to do the courses.
Dear Iniya, sorry for late reply. Instead of PG diploma, I would always suggest you to go for LLB, if you haven’t done that already. It gives you a wider perspective of IPR. If you are already a lawyer, and want to do a PG, better go for LLM.
Thank you sir. i have a doubt regarding paper 1 marking. last set of 10 questions where there are multiple correct options to one question, how is the marking done. do we get the full marks 3 only if all options are correct or out say 3 options if two are correct do we get any mark?
I think we are supposed to file form 8 under section 28 for this purpose only and not form 5...as the question is whether another person can be mentioned as an inventor
Hello sir, Great video, helped me clear my doubts. I am a new enthusiast in IPR, currently pursuing LLB, i also happen to hold a degree in biotechnology. it would be helpful if you could tell me, will i have to appear for this exam after completing my L.L.B. or considering two above mentioned degree holder, i can directly register myself as an agent ?? Thanking you in advance!
Dear Aniruddha , having a science degree makes you eligible for patent agent examination. You need not complete your LLB first to appear. Go for the next exam! Best of luck
Your answer 2 is wrong. Patent addition necessarily shouldn't satisfy inventive step with regard to main inventive however novelty should be there which in this case wasnt because it is mentioned that it is well known in the art. Read sec 56. If a patent of addition is granted (which is subject matter to become an independent patent) how someone claim patent rights for something that is well know in art?
Avantika, patent of addition is granted for “improvements”. Please read the definition of improvement provided in the Act (at the end of Section 54), which points to requirement of an inventive step. The invention under patent of addition cannot “necessarily “ have novelty over the parent invention in my opinion. What the inventor has researched and found out is that a “specific %” of addition of oil achieves the effect. So, the inventor identified specific details from the generally known state of the art. The feed formulation already has a patent for its unique composition, and with the patent of addition you are adding an improvement that is technically advanced. This was my view in light of the provisions of the Act. However, it would be good to know what is the way you are thinking to protect the improvement.
It should satisfy both the conditions. The improvement must be novel i.e. the feature for which patent of addition claims must not have been disclosed in the main patent. Further that feature must also be inventive in that it must not be just a workshop improvement. Section 56 states that the POA must not be rejected or revoked only because of lack of inventive step in view of the main patent. However it also says that the invention must stand on its own and it must not be just a workshop improvement
@@rakshitsonpal18 Q2: 'S54(1): 'Patents of addition' can be suggested by submitting Form 2. Any improvements or modifications of main invention can be submitted as patent of addition. Although the addition of 10% by wt of coconut oil into fish feed formulations, is well known in the art, the patent of addition may be granted. It need not involve inventive step, because, the novelty of the main invention will considered.
Hello Bro, in Q5(b) why you call it as balance fee? It is just the fee of Rs 4000. Please correct me if I am wrong. I am benefited from your video. No one until now provided solution for paper II. Thanks
@@lex-thelighthousebeacon It is the solution for question no. 9 of paper II of Indian patent examination 2022. You can find the solution from that US patent application.
@@ralngm thanks for this insight, I will go through the application prosecution history and revert with my insights if any. Thanks for watching so deeply!
Thank you sir.
Appreciate the efforts u put in.
This is very well done 🙏🏽
Thanks
Could you also please cover Paper 1 questions, as they were not as direct as one would have thought it would’ve been.
Will try that as well
Hello Sir. Thanks for your inputs. I have one query. While preparing for the Patent agent exam, we generally memorise the sections numbers and forms. So when we are in the exam hall, can we jot down the memory list on the back of the question paper so that we can quickly use our own information when answering the questions ?? (just like we do rough work in maths or engineering subject exams)
I think the invigilators may object to any annotations on the question paper. While I would be wary of writing anything extra on the answer sheet, if it is extremely necessary, you may rather create a rough sheet in the answer book and jot down the memorised content there with pencil. Do remember to erase the extra content you have written in the rough sheet before submitting the paper.
Form 8 can also be filled for mention of Inventor .
Will revert shortly
Releasing a video soon. Please watch this space.
Yes can be made after filling of the CS and before the grant of the patent. But not at the time of filling the CS.
Sir in question no. 4(b) can't we substitute the name of the inventor by providing appropriate evidence of him being an inventor and filing form 6?
While i will have to again check question 4(b), however form 6 is for change of applicant (due to assignment). You cannot use it for changing inventor details as per my understanding
@@lex-thelighthousebeacon sir in the mentioned question a new inventor is being added up while others will be there too. Since it has been mentioned in the question that Bikram has helped in further innovation, can those details be used for the assignment for the application? It has been mentioned in sec 20(3) that no such addition shall be done without the consent of other patentees. Will the acknowledgement of his contribution be a valid ground for using form 6?
@@kajalshrivastava4165 by Form 6, you add/delete/change the applicant. Applicant s totally different from the inventor. Applicant is the owner of invention and thus, has monetary considerations attached to status while inventorship is more to deal with recognition of who conceived the invention. Form 6 deals with assignment of ownership which is done when applicant change. In case of addition of inventors, no ownership change is happening.
Addition of inventors could be done at the time of filing the Complete Specification in case a provisional has been filed first or later on form 8. So you can add inventors by applying on form 8 if adding them at a stage later than filing of CS. I have made a detailed video on addition of inventors. You could refer to that for clarity-
ruclips.net/video/BDUTBBsGi1Y/видео.html
In case it is still not clear, please drop a question again.
@@lex-thelighthousebeacon Got it from the video. Thank you sir
sir, can you please suggest the best institution to do a management course in IPR or a Postgraduate Diploma in IPR? As far as I searched, I could not find any recognized institution to do the courses.
Dear Iniya, sorry for late reply. Instead of PG diploma, I would always suggest you to go for LLB, if you haven’t done that already. It gives you a wider perspective of IPR. If you are already a lawyer, and want to do a PG, better go for LLM.
@@lex-thelighthousebeacon Thank you so much for the detailed information sir.
What about paper 1 solution, can I expect it by next week
Can try to work on that. As of now solution set for paper 1 2013 will be coming up soon
BCA passed can apply for patent agent..... Plz reply
I understand they can, it is a science degree in my opinion. But you may check with patent office once.
You can @Arpan, you can apply for the next Patent Agent Examination.
However, to be 100% sure, just write to the Office of CGPDTM, Mumbai.
Thank you sir. i have a doubt regarding paper 1 marking. last set of 10 questions where there are multiple correct options to one question, how is the marking done. do we get the full marks 3 only if all options are correct or out say 3 options if two are correct do we get any mark?
As I understand, you will get marks for MCQs only if all correct options are marked, unless the question paper specifies to the contrary
@@lex-thelighthousebeacon thanks sir, where are you located? do you take interns? if so pl give your contact info
@@tommats hi Tom, I am based in Delhi. I don’t have any open opportunity for interns. Sorry!
@@lex-thelighthousebeacon sir for example ABCD are the answers.. if we have marked ABC .. as ABC are correct answer only D left .. do we get mark?
@@ragajothi5553 if A,B, C are the three correct options, you will get marks only if you have marked all three.
For question 4 can we file form 8 ?
Let me research a bit before I reply
I think we are supposed to file form 8 under section 28 for this purpose only and not form 5...as the question is whether another person can be mentioned as an inventor
Will be releasing a video soon to answer questions related to addition of inventors
Hello sir,
Great video, helped me clear my doubts.
I am a new enthusiast in IPR, currently pursuing LLB, i also happen to hold a degree in biotechnology. it would be helpful if you could tell me, will i have to appear for this exam after completing my L.L.B. or considering two above mentioned degree holder, i can directly register myself as an agent ??
Thanking you in advance!
Dear Aniruddha , having a science degree makes you eligible for patent agent examination. You need not complete your LLB first to appear. Go for the next exam! Best of luck
Your answer 2 is wrong. Patent addition necessarily shouldn't satisfy inventive step with regard to main inventive however novelty should be there which in this case wasnt because it is mentioned that it is well known in the art. Read sec 56. If a patent of addition is granted (which is subject matter to become an independent patent) how someone claim patent rights for something that is well know in art?
Avantika, patent of addition is granted for “improvements”. Please read the definition of improvement provided in the Act (at the end of Section 54), which points to requirement of an inventive step. The invention under patent of addition cannot “necessarily “ have novelty over the parent invention in my opinion. What the inventor has researched and found out is that a “specific %” of addition of oil achieves the effect. So, the inventor identified specific details from the generally known state of the art. The feed formulation already has a patent for its unique composition, and with the patent of addition you are adding an improvement that is technically advanced. This was my view in light of the provisions of the Act.
However, it would be good to know what is the way you are thinking to protect the improvement.
It is just modified form of patent
It should satisfy both the conditions. The improvement must be novel i.e. the feature for which patent of addition claims must not have been disclosed in the main patent. Further that feature must also be inventive in that it must not be just a workshop improvement. Section 56 states that the POA must not be rejected or revoked only because of lack of inventive step in view of the main patent. However it also says that the invention must stand on its own and it must not be just a workshop improvement
@@rakshitsonpal18 Q2: 'S54(1): 'Patents of addition' can be suggested by submitting Form 2. Any improvements or modifications of main invention can be submitted as patent of addition. Although the addition of 10% by wt of coconut oil into fish feed formulations, is well known in the art, the patent of addition may be granted. It need not involve inventive step, because, the novelty of the main invention will considered.
Hello Bro, in Q5(b) why you call it as balance fee? It is just the fee of Rs 4000. Please correct me if I am wrong. I am benefited from your video. No one until now provided solution for paper II. Thanks
Let me check and revert.
Paper 1 answer key is now available
ipindia.gov.in/writereaddata/Portal/Images/pdf/ANSWER_KEY_PAPER_1_2022_SET__A_B_C_D.pdf
Thanks
Q9 is US20070271839A1; Q8: US9427446B2; Q10:JP2004250032A; Q11:US6095143
Can you explain the full context?
@@lex-thelighthousebeacon It is the solution for question no. 9 of paper II of Indian patent examination 2022. You can find the solution from that US patent application.
@@ralngm so is the solution provided by me wrong/incomplete?
@@lex-thelighthousebeacon No, the solution provided by you is not wrong!
@@ralngm thanks for this insight, I will go through the application prosecution history and revert with my insights if any. Thanks for watching so deeply!
Paper 1 answer key is now available
ipindia.gov.in/writereaddata/Portal/Images/pdf/ANSWER_KEY_PAPER_1_2022_SET__A_B_C_D.pdf
Thanks