3 December, 2019
Patent applicants should be meticulous in defining the scope of their applications. Patent examiners are vigilant in ensuring that such scope does not threaten prior art. Applicants should therefore ensure that the original application gives the widest legitimate scope to a patent claim.
If an applicant makes any subsequent application to narrow the scope of the original claim merely to satisfy a requirement of the Patent Act, 1970, or to meet an objection of prior art, he/she may be estopped from proceeding. There is a presumption that any application to narrow the scope of the claim merely to ensure patent eligibility reduces the scope of the original claim. The applicant must therefore give valid reasons for narrowing the scope of the application, otherwise it will be presumed that he/she is making the application merely to ensure that a patent is granted and he/she will be estopped.
1st published in India Business Law Journal.
Please click here for the full article.
For further information, please contact:
Manisha Singh, Partner, LexOrbis
manisha@lexorbis.com
