Section 11: Date of an Application (India Patents Act)

In this episode, we delve into the concept of the priority date of a patent application/claim. We explore various use cases under Section 11 of the Patents Act, 1970, to understand how to accurately determine the priority date of an application.
The priority date plays a critical role in determining the patentability of an invention and several other procedural timelines at the patent office, including the term of a patent. Understanding the nuances of priority dates is essential to secure your invention's patentability and protect your intellectual property rights.
If you're looking to become a patent agent, this video is an invaluable resource to help you ace the patent agent examination. You'll learn about the intricacies of patent law and procedure, including priority dates, and gain the expertise to advise clients on their patent filing strategy.
Don't miss this opportunity to enhance your knowledge of patent law and procedure. Watch this video now and take the first step towards becoming a successful patent agent.
#patentagentexam #patentagent #patentagentexamtraining #patentsact1970 #patents #priorart
Priority Date, Patent Application, Patent Claim, Patents Act, Section 11, Patentability, Patent Office, Patent Term, Patent Agent, Intellectual Property Rights, Patent Filing Strategy.

Пікірлер: 41

  • @ranjanpandey4339
    @ranjanpandey43399 ай бұрын

    Priority dates can be confusing to decide, Kudos to the way in which it has been explained. Simple, crisp and to the point. Utter clarity 👌👌👌

  • @AbhayPorwal

    @AbhayPorwal

    9 ай бұрын

    Happy to get your feedback!

  • @shubhangisharma5227
    @shubhangisharma52272 жыл бұрын

    Amazing explanation sir. Thank you so much for your efforts.

  • @shilpi9407
    @shilpi9407 Жыл бұрын

    Thanks Sir,your channel is great for all PAE aspirants. Relied almost entirely on the contents provided here for my viva..

  • @varnikarastogi4618
    @varnikarastogi4618 Жыл бұрын

    Oh my god! Your way of teaching is marvellous. Thankyou so much. You’ve cleared all my concepts.

  • @AbhayPorwal

    @AbhayPorwal

    Жыл бұрын

    Glad you liked it !

  • @amishah7351
    @amishah7351 Жыл бұрын

    Thankyou so much Sir, it just made my learning very easy and to the point. I am very clear with the Section 😊

  • @AbhayPorwal

    @AbhayPorwal

    Жыл бұрын

    Amazing!

  • @Nisha-uz4nv
    @Nisha-uz4nv9 ай бұрын

    Can we file provisional application without claim Like just describe the invention. And in complete specification we mentioned claim than whats the priority date

  • @AbhayPorwal

    @AbhayPorwal

    9 ай бұрын

    Provisional applications don't have claims.

  • @nutanpawar9034
    @nutanpawar9034 Жыл бұрын

    Sir u said that as per requirement match ....that is in claim priority section ...so Sir what is this requirement match means about which requirement you are talking about,? Pls let me know

  • @AbhayPorwal

    @AbhayPorwal

    Жыл бұрын

    Requirement Match is explained in 03:00 mark in the video - Basically what is the scenario, where exactly the information was first disclosed - Accordingly, you will have the priority date/invention date for that portion of the information.

  • @nutanpawar9034
    @nutanpawar9034 Жыл бұрын

    Siri did not get the point from u said sec 10.5 what if they are not on such cases....further to divisional application pls explain me

  • @AbhayPorwal

    @AbhayPorwal

    Жыл бұрын

    Nutan, can you please let me know what exactly is your doubt - you can tell what portion of the video was not clear - I will try to explain.

  • @AbhayPorwal

    @AbhayPorwal

    Жыл бұрын

    Okay, so looks like your doubt is around divisional application at 04:18 mark in the video - So, the main requirement is that there should only be one invention in every patent application. So all the claims in a patent application should relate to one invention (inventive step) - In case examiner of the opinion that there are more than one invention in the application - Examiner ask you choose one invention and keep only those claims - rest of claims need to be deleted. But since this is also your invention - you can file a divisional application targetting the claims that you removed from your first application. In this case, the priority date will remain same as the first application. P ---> gets divided - P1 (invention 1) and P2 (Invention 2 - Divisional). If there is no such objectiion from the examiner - no need to do anything.

  • @nutanpawar9034

    @nutanpawar9034

    Жыл бұрын

    @@AbhayPorwal now I am clear i go through your types of application video Thank you sir

  • @rashmichauhan8819
    @rashmichauhan8819 Жыл бұрын

    Sir one doubt, when the matter is partly disclosed in 2 applications so while filing in india, why we are claiming priority from the latest filed application?? Can't we claim the priorities of both the application?? Please answer sir

  • @AbhayPorwal

    @AbhayPorwal

    Жыл бұрын

    Hello Rashmi, first point to understand the importance of priority date. The earliest the date, the better it is for an applicant - ( I hope this makes sense to you). Priority date is a date when you "disclosed" the entire idea to the patent office (by way of filing application). So in case, the information is disclosed partly in 2 applications, tell me, when do you think, "entire information" was disclosed to the patent office/public?

  • @AbhayPorwal

    @AbhayPorwal

    Жыл бұрын

    If we are talking about two "different" pieces of information - then of course you take priority from both filings. However, incase, we are talking about a single piece of information that is disclosed partly in one and partly in another, we go for the latest one because that's where the "entire" information was plugged together.

  • @rashmichauhan8819

    @rashmichauhan8819

    Жыл бұрын

    @@AbhayPorwal okay sir, now understood

  • @nutanpawar9034
    @nutanpawar90346 ай бұрын

    Sir i have one query what would be the priority date in divisional application as u said that date of provisional or original which one to consider

  • @AbhayPorwal

    @AbhayPorwal

    6 ай бұрын

    Same as that of the main application

  • @nutanpawar9034

    @nutanpawar9034

    6 ай бұрын

    Means date of original application filed or priority date of original specification...which one Sir

  • @AbhayPorwal

    @AbhayPorwal

    6 ай бұрын

    ​@@nutanpawar9034priority

  • @sumittdahiya75
    @sumittdahiya758 ай бұрын

    Sir, Section 11.1 says that "There shall be a priority date for each claim of a complete specification". and as per your videos says that "Each claim will have one or more priority date". The interpretation of both the sentences are different. please clarify?

  • @AbhayPorwal

    @AbhayPorwal

    8 ай бұрын

    Each claim will have an effective priority date. This sentence should clarify your doubt. Even if a claim derives priority from multiple previous filings. Depending on where and when the content was completely disclosed first, will define the priority of the claim.

  • @yashwantrao9513
    @yashwantrao95136 ай бұрын

    Sir are we including P1,P2, P3 and R to calculate the priority? Pls help me with this. Apologies for being too late but it will help me in the future. Duration is 3:30 minutes.

  • @AbhayPorwal

    @AbhayPorwal

    6 ай бұрын

    Priority of a claim is determined based on when was the information in substance was disclosed for the first time. So in case, where information was disclosed completely in three different provisional applications, then we take the first provisional's date as the priority date. However, if the information was disclosed part by part in each one of them, then we take the last provisional's date as the priority date - because that's when the entire information was made available. In short: Whenever the entire information was made available for the first time, that's your priority date.

  • @AbhayPorwal

    @AbhayPorwal

    6 ай бұрын

    Priority is always from first filing in the entire chain - member country-->PCT--> National phase.

  • @jainendrakumar4313
    @jainendrakumar4313 Жыл бұрын

    Hello sir, a small confusion, 1. What will be the priority date in the case of sec 9.3 where complete specification was converted into provisional and then complete specification was filled. My understanding of the priority date, it will be the date of provisional application as the matter was fully exposed here. 2. Also please tell me in case of the multiple provisional applications assume 3 applications having three different matters disclose will have three priority dates?

  • @AbhayPorwal

    @AbhayPorwal

    Жыл бұрын

    Yes your understanding is correct with regards to 9.3 Yes, an application can have different priorities - technically, claims of the patent have different priorities. So wherever the matter was disclosed fully, priority will be taken from that provisional.

  • @jainendrakumar4313

    @jainendrakumar4313

    Жыл бұрын

    ​@@AbhayPorwal Thank you so much for your prompt response sir. You have made patent act easy for us. Thank you so much 👍

  • @AbhayPorwal

    @AbhayPorwal

    Жыл бұрын

    @@jainendrakumar4313 Idea is to learn the concept and avoid just mugging sections.

  • @satifyinglinedrawingsvideo7382
    @satifyinglinedrawingsvideo738211 ай бұрын

    Sir, can priority date of a claim be earlier than filing date of the patent Application? Is it possible? I don't know my question is silly.

  • @AbhayPorwal

    @AbhayPorwal

    11 ай бұрын

    Yes, priority date of the claim can always be earlier than the filing date - Think of a provisional application scenario - once you a file a regular application claiming - what do you do? You claim priority from the provisional application isn't it? Similarly, think of divisional application, think of patent of addition.

  • @satifyinglinedrawingsvideo7382

    @satifyinglinedrawingsvideo7382

    11 ай бұрын

    @@AbhayPorwal Thank you Very much sir

  • @user-bh7oo1ft7y
    @user-bh7oo1ft7y9 ай бұрын

    Sir can you please share the pdf of these lecture

  • @AbhayPorwal

    @AbhayPorwal

    9 ай бұрын

    Hello Naman, unfortunately, this is the only format the content is available as of now. Also, based on the feedback and past experience, watching video, listening to the audio and watching the content has proven to be the most effective way to retain knowledge.

  • @user-bh7oo1ft7y

    @user-bh7oo1ft7y

    9 ай бұрын

    ​@@AbhayPorwal sir but pdf will be useful for revision

  • @user-bh7oo1ft7y

    @user-bh7oo1ft7y

    9 ай бұрын

    As cgptdm patent officer exam is coming soon so it will help me a lot in quick revision.

  • @AbhayPorwal

    @AbhayPorwal

    9 ай бұрын

    @@user-bh7oo1ft7y I wish, I could help you with that - I don't have the PDFs with me.

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