Timelines
What is the timeline for filing Divisional Application?
Anytime before the grant of Parent Application
Which of the following form is not mandatory for all types of application
1. Form 1
2. Form 2
3. Form 3
4. Form 5
Form 5
Which of the following parameters is not considered for deciding fee
1. Type of application
2. Category of Applicant
3. No of pages and claims
4. None of the above
None of the above
What type of application does the following application number refer to
201739123456
PCT-NP patent of addition
How proof of right can be established
1. Signing the declaration by the inventor on form 1
2. Through a notarized assignment document
In which of the following cases, no extension of timeline is/are possible through petition and condonation
1. Filing of form 3
2. Filing of complete specification after provisional specification
3. Filing of form 5
4. Filing of convention application
option 2 and 4
Who can file form 18? Is it the same form form 18A?
1. Applicant / Other interested Person
2. Applicant of specific category
No fee provision is there for which of the following form
1. Form 3
2. Form 13
3. Form 5
4. Form 18
form 3 and 5
A patent of addition application can only be filed once the parent application is granted - True / False
An applicant of main invention and Patent of addition application should be the same - True / False
False
True
What is the difference between the Specific and General power of authority?
In which condition a substituted power of authority is acceptable?
Specific for a particular application/s
General for many applications together
Only if the clause of substitution is involved in original SPA or GPA
Explain the three different timelines for filing form 3 as per the rule 12
1. Within 6 months of filing
2. Within three months of FER
3. Within two months when directed by the controller
A resident Indian applicant wishes to apply for a patent in US and under section 39, he needs to take permission from the Controller, UNLESS
explain the two condition
1. An application for same invention is file din India not less than six weeks before filing in US
2. No secrecy direction is imposed u/s 35(1) or all such directions are revoked.
A provisional specification was filed with 25 pages of specification and no claims by an individual applicant natural person. Subsequently, he filed the complete specification with 35 pages and 20 claims.
a. what would be the application fees during provisional filing?
b. Are any fees due during complete specification filing? If yes, how much?
c. What would be the fee for filing normal request for examination?
Assume all filing is in online mode
a. 1600
b. (10 x 320) + (5 x 160)
c. 4000
How the translated priority document shall be verified:
1. Translation of priority document in case of a conventional application?
2. Translatiion of an international application corresponding to a PCT-NP application
1. Affidavit or otherwise to the satisfaction of the controller
2. verified by the applicant or person authorized by him
What is the consequence of
a) not filing complete specification within 12 months of provisional?
b) Not filing the request for examination within the prescribed time period
a) application shall be deemed to be abandoned u/s 9(1)
b) application shall be treated as withdrawn u/s 11B(4)