tag:blogger.com,1999:blog-15273736034474392362011-04-21T14:39:26.220-07:00Practical Writerhttp://www.blogger.com/profile/06164992149318565688noreply@blogger.comBlogger11100tag:blogger.com,1999:blog-1527373603447439236.post-12546946340648720002008-03-25T01:30:00.000-07:002008-03-25T01:44:45.685-07:00<span style="font-family:trebuchet ms;">I created this blog a few minutes ago. The reason that was instrumental in creating this blog while there are so many others around is that first I found it so difficult to subscribe to other blog sites where I could leave comments. While there are a lot of more worthy reasons, I have to say the unsubscribability was the last straw:0).<br /><br />My focus on this blog is to look at the world of patents from an Indian perspective to begin with and see how it develops thereon.<br /><br />As the very first course of the very first meal, so to speak, I have an interesting observation to make on the Indian Patent Act. It has to do with the definition of invention as per the Act and the criteria that the patent examiner uses to examine the patent applications.<br /><br />Section 2(l) of the Act <a href="http://www.patentoffice.nic.in/ipr/patent/patent_2005.pdf">defines 'new invention' </a>(as opposed to, I suppose, just invention or an old invention) as: "any invention or technology that has not been anticipated by publication in a document or used ... before the date of filing... or that it doesn't form a part of the state of the art."<br /><br />One of the most interesting situations that arises as a consequence of this Section (2(l)) and another related Section (13) is when two applicants file an application for the same invention that were not in the public domain at the times of respective filings. :-)<br /><br />Assuming both applications are technically sound, do both applicants get patents for the same invention?<br /><br />I'd be interested to know your take on it:-)<br /><br />Anyhow, welcome to the blog, thanks for putting up with the very first post, and I hope you enjoyed your visit.</span><div class="blogger-post-footer"><img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/1527373603447439236-1254694634064872000?l=thecrazyworldofpatents.blogspot.com' alt='' /></div>Practical Writerhttp://www.blogger.com/profile/06164992149318565688noreply@blogger.com0