According to Section 43 (1), when the application for the grant of patent is in order and the controller has approved it by the virtue of power vested in him under the said act, and not the application is in contravention to any of the provisions of the said act, the patent shall be granted with the seal of the patent office and the date on which the patent is granted will be recorded in the register.
Patent opposition provides an opportunity to the public to challenge frivolous and legally invalid patents. Under the 1970 Act, the patent could be opposed before it was granted (pre-grant opposition). The person opposing the patent is part to the proceedings. Under the 2005 Amendment Act, the opposition procedure is streamlined by having both pre-grant and post-grant opposition in the Patent Office.
Patent applications are divided into one or more types by the patent office, and as per Indian Patent Office, a patent applicant can type multiple kinds of patent applications.
Patentability of an invention refers to patent eligibility of the invention, as defined in the patent laws. When a patent application is examined by the patent office, the primary goal of the patent examiner is to determine the patentability of the invention as defined by the patent claims, as described in detail by the patent description, and as illustrated by way of patent drawings.
Most business method patents fall under IPC Class G06Q. The Patent Offices worldwide use IPC patent classification to classify patents that claim a system or apparatus and corresponding methods for performing data processing operations uniquely designed for processing data between servers, & handheld devices.
Conduct a patentability search of the prior art available in the public domain is advisable before filing the software patent application. The software patent strategy includes the steps of reviewing non-patent literature documents like journal, newspaper articles, magazine articles, books, conference materials, brochures, and research reports.
Patent filing guide describing how to patent an idea or an invention and who can file a patent in India as an applicant and an inventor based of Indian patent laws.
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