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? Patent Law Exam Study Guide

The Patent Law Exam Study Guide outlines essential definitions, important timelines for patent applications, key forms, and sections of patent law relevant for engineers and scientists. It details types of patent applications and critical rules for examination and opposition processes. The guide serves as a comprehensive resource for preparing for the Patent Law exam under Prof. Feroz Ali.

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33 views4 pages

? Patent Law Exam Study Guide

The Patent Law Exam Study Guide outlines essential definitions, important timelines for patent applications, key forms, and sections of patent law relevant for engineers and scientists. It details types of patent applications and critical rules for examination and opposition processes. The guide serves as a comprehensive resource for preparing for the Patent Law exam under Prof. Feroz Ali.

Uploaded by

tannutiwari2341
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Patent Law Exam Study Guide

Course: Patent Law for Engineers and Scientists


Instructor: Prof. Feroz Ali
Format: MCQs + Timeline + Form + Section-based questions

1. Core Definitions You Must Know (Section 2)

• Invention: A new product or process involving inventive step and industrial


applicability.

• Inventive Step: A feature that makes the invention non-obvious to a person skilled in
the art.

• Assignee: Includes legal heir or further assignees.

• Startup: Less than 5 years old, turnover under Rs. 25 Cr, must be tech/IP-based (Rule
2(fb)).

• Small Entity: As per MSME Act; gets lower fees.

• Controller: Controller General of Patents, Designs and Trademarks.

• Appellate Board: Intellectual Property Appellate Board (IPAB).

• Prescribed: Means as per rules/courts’ directions.

2. Important Timelines

Action Timeline

File complete spec after provisional 12 months

Automatic publication 18 months

Early publication (Form 9) Anytime after filing

Request for examination (Form 18) Within 48 months

FER response 6 months (+3 months extension via Form 4)

Pre-grant opposition (Form 7A) Anytime before grant

Post-grant opposition (Form 7) Within 12 months of grant

Restoration of lapsed patent (Form 15) Within 18 months


Action Timeline

Compulsory licensing After 3 years from grant

3. Key Forms and Their Uses

Form No. Purpose

Form 1 Patent Application

Form 2 Specification (Provisional/Complete)

Form 3 Foreign filing details

Form 5 Inventorship declaration

Form 9 Early publication request

Form 18 Request for examination

Form 18A Expedited examination

Form 4 Extension of time

Form 7A Pre-grant opposition

Form 7 Post-grant opposition

Form 15 Restoration of lapsed patent

4. Key Sections to Focus

• Section 3–5 – What can and cannot be patented

• Section 6–11 – Application and specification

• Section 11A – Automatic publication

• Section 11B – Request for examination

• Section 25(1)/(2) – Opposition (pre- and post-grant)

• Section 35 – Secrecy directions

• Section 48 – Rights of patentee

• Section 53 – Patent term (20 years) and renewal


• Section 60–62 – Restoration of lapsed patents

• Section 84 – Compulsory licensing

• Section 144 – Examiner's report is confidential

• Section 21 – Time for putting in order for grant

5. High-Yield Statements & Exceptions

• Infringement suit not allowed before grant (Section 11A(7))

• Application number ending with ‘A’ means “published, not granted”

• Examiner cannot examine unpublished applications

• Both applicant and interested person can file Form 18

• Startups: <5 years old, <Rs. 25 Cr turnover, IP/tech focused

• Secrecy directions under Section 35 delay publication

• Only 2 adjournments allowed under Rule 129A (max 30 days, request 3+ days in
advance)

6. Types of Patent Applications

• Ordinary Application – First filed in India

• Convention Application – Based on a foreign filing within 12 months

• PCT National Phase Application – From Patent Cooperation Treaty process

• Divisional Application – Arises when more than one invention is disclosed

• Patent of Addition – For improvements or modifications of earlier invention

7. Extra Critical Timelines and Rules

Rule 24B – Regular Examination

• Form 18 must be filed within 48 months of filing/priority.

• FER issued within 1 month of examiner’s report processing.

• Reply within 6 months + extendable by 3 months (Form 4).

• Disposal expected within 12 months of FER.


Rule 24C – Expedited Examination

• Only available for Startups or PCT India as ISA/IPEA.

• FER issued within 15 days, final disposal in 3 months after response deadline.

Other Useful Rules

• Rule 28 – Hearings via video conference; post-hearing docs in 15 days.

• Rule 129A – Only 2 adjournments allowed; requested 3 days in advance; ≤30 days.

• Rule 103A – Disqualifies advisors who are insolvent or of unsound mind.

• Rule 14(2) – Amendment requests must show changes and reasons.

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