Associate Partner Khurana & Khurana | Patent Agent and Attorney | Love nurturing Ideas, Fostering Innovations, Creating Patents, and Safeguarding Inventors' Rights
Section 2, clause 2(l) of the Indian patent act defines a new invention as below....if the anticipation of a new invention is to be reckoned from the filing date of the patent application with complete specification, what's the point of filing a provisional application for securing the so-called priority date?
Good point to be noted Adv. Lalit Suryavansi. This is exactly one of the reasons why we should suggest the applicants/inventors to not disclose their invention in greater technical details immediately after filing of provisional application and have to wait for filing of complete application, if not for publication of application.
Principal Attorney - Drafting, Prosecution, Appeals
1yRight. There are multiple instances in the Act that show ambiguity, if not error. Section 2(1)(j) stating invention is new product, which is the argument of Controllers preventing CRI device/system claims. Section 16 is yet another example.