Examination Archives

Can a delay in filing request for examination be condoned? Court clarifies

Missed filing a request for examination? court says, condonable under exceptional circumstances.

Facts of the case: The Petitioner in this case filed two writ petitions challenging the order of the Respondent (herein referred to as Patent Office) dated 03.05.2016 in respect two of the Petitioner’s applications bearing numbers 8846/CHENP/2011 & 8907/CHENP/2011. The patent applications were filed before the Indian patent office on 29.11.2011 and 30.11.2011 respectively as PCT national phase entries. The petitioner engaged the services of a New York based firm called Greenberg Traurig for filing and prosecution of the national phase…

November 15, 2022 BananaIP Reporter Intellectual Property, Patents 0Comment 1533Views 0Like

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Trademark Application, Prosecution Process, and Timelines

With respect to trademarks, India follows a first to use system i.e., prior use is one of the superior claims to any trademark litigation. The applicants must try and be the first in line to file to avoid the potential burden to oppose any earlier filed applications as unregistered marks have no right to file for infringement. The trademark application is filed on basis of the territorial jurisdiction as per the principal place of business of the said proprietor. Section…

November 11, 2021 BananaIP Reporter Intellectual Property, Trademarks 0Comment 3849Views 1Like

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Patent office publishes first official journal of the year

This week’s Patent & Design data has been compiled from the Official Journal of the Patents and Designs Office published by the patent office on the 3rd of January 2020. These statistics are presented to you by the Patent attorneys and experts of BananaIP Counsels, India’s leading Intellectual Property Firm. Indian Patent Statistics A total of 1472 patent applications have been published in the 1st issue of the Patent Journal, 2020. Out of the 1472 applications published in the journal,…

January 7, 2020 BananaIP Reporter Industrial Designs, Intellectual Property, Patents 0Comment 1549Views 0Like

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Trademark Registration in India

The Trademark process outlines in this post has changed owing to changes in law. It may be noted that the post provides details of the trademark registration process as it existed 10 years back, and maybe useful for research/educational purposes.Registration of a trademark is not compulsory. However, registered trademarks have additional benefits when compared to unregistered trademarks. Read more Continue Reading Trademark Registration in India

October 17, 2018 BananaIP Reporter Intellectual Property, Trademarks 0Comment 1376Views 0Like

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Patent Law-Basics of Patent Process- A PPT by Somashekar Ramakrishna at NLSIU

The following presentation was delivered by Mr. Somashekar Ramakrishna, Partner BananaIP Counsels, at National Law School of India University, Bangalore (NLSIU), as a part of the Patent law course offered for PGDIP students. The presentation titled “Basic of Patent Process”covers the following topics: Patent Process Filing Publication Examination Pre-Grant Opposition Grant Post-Grant Opposition Other concepts such as-Statement of undertaking, Divisional application, Patent of addition, Working of Patents Exercises About…