Section 9: Provisional and Complete Specification (India Patents Act)
Protecting your invention is crucial before conducting any activity that could affect its patentability. In this session, we discuss various scenarios where filing a provisional application may be more appropriate than filing a complete specification. Once a provisional application is filed, a defined time period must be adhered to complete the filing by submitting a complete specification.
Section 9 of the Patents Act provides details about the timelines associated with provisional applications, and understanding the nuances of the process is essential to secure your invention's patentability.
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 provisional applications, 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.
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Provisional Application, Complete Specification, Patents Act, Section 9, Patentability, Patent Law, Patent Agent, Patent Filing Strategy, Intellectual Property.
Пікірлер: 47
Sir your explanation was very clear and looks like by listening the classes itself we can attend for exam. Thankyou very much sir.
@AbhayPorwal
Жыл бұрын
You can definitely attempt the exam. Go over each of the videos and then read the act - you will have greater grasp over the concepts and won't need to mug anything
Great
Thankyou Sir, 😊 Your explanation helped me to understand how to study Bare Act book, I went through sections without acknowledging about Forms/documents to submit as well the timeline. But now, along with section because of your videos I know what are the forms to submit as well within what timeline 👍
@AbhayPorwal
Жыл бұрын
Happy for you Ami. Please feel free to reach out should you need any help.
Simple and clear.. well structured.. 👌🏽✨️
@AbhayPorwal
Жыл бұрын
Like and share please!
Your lecture will definitely help to candidates are preparing for patent agent exam
@AbhayPorwal
7 ай бұрын
Thank you!
Sir you are amazing. Thank you so much for the great understanding with examples. I tried to understand this provision this way but was confused a lot. And now it's clear. Thanks
@AbhayPorwal
Жыл бұрын
Thank you! I am glad it helped. Please like the video, it will help me to increase the reach.
Thanks sir, very nice
@AbhayPorwal
Жыл бұрын
So nice of you
thank you soo much sir
@AbhayPorwal
Жыл бұрын
Thank you Rishab. I am glad, you liked the content.
I'm a little confused about the conditions under which you can post date your application under 9(4) If I file a provisional and convert to regular specification, the grant (examined on the basis of complete specification) would anyway be subject to absence of obviating prior art. So does that mean every granted application will automatically be post-dated ?
@AbhayPorwal
Жыл бұрын
Automatically? The section 9.4 only talks about having an option of disowning/dropping the priority date of the provisional application before grant of the regular application. You can do this to extend the term of your patent when you are confident that no other prior art would have emerged in the months between the provisional filing and regular filing.
Hello Sir, I have a doubt, as mentioned in Section 53, the term of the patent is calculated from the filing date (not the priority date). In that case, how does cancelling the provisional application shift the term life?
@AbhayPorwal
Жыл бұрын
In case you are claiming priority date - in that case all the calculations happen from the priority date and not the filing date - the effective filing date is the priority date.
@satindersingh1787
Жыл бұрын
@@AbhayPorwal Thank you for the clarification
Hi sir, there was a question in previous year papers. You have filed an application with provisional specification on behalf of your client on 15.12.2007,but client is not in a position to provide total inputs to file a complete specification within prescribed time but only around 15.2.2009 ,what action will you take? Please reply to this in a detailed manner. Thankyou
@AbhayPorwal
Жыл бұрын
Aanchal, I have provided solution/approach this scenario in first use case video where I talk about filing stage questions. Please refer to kzread.info/dash/bejne/nGZmtc6Bgd3LZ7A.html
@aanchalsaxena3787
Жыл бұрын
@@AbhayPorwal ok thanks sir
For section 9.3, the applicant has filed a first regular application and then he requests to consider it as a provisional application and later on he files another say second regular application.The time period of 12 months is calculated from first regular application to second regular application Or is it the time between the first/second regular application and provisional ??
@AbhayPorwal
Жыл бұрын
It is always calculated from the earliest filing date. In your example, it would be the first regular application's filing date even if that was converted into a provisional application. The 12 month's start from the very first filing.
@anusaini0327
Жыл бұрын
@@AbhayPorwal thanks for quick reply Sir😊
Say after filing provisional application, the person meets an accident where he couldn't work for 12 months. Will the provisional still be valid if he could show proper reasons of not filing for complete application in time? And in that case how much time will he get after showing them the reasons?
@AbhayPorwal
4 ай бұрын
You can post-date the provisional application under section 17 upto 6 months. The post-date application should be filed before the expiry of 12 months
@sandippaul468
3 ай бұрын
@@AbhayPorwal 😊tysm🙏🙏🙏
Sir in 9.2u said that if information is not disclosed in P1 or P2 then date would be date of regular application means of entire portion not whole thing ....so what is this portion or entire thing
@AbhayPorwal
Жыл бұрын
The most important aspect of a patent application is the date of the claim (invention/feature) because from this date your monopoly starts (upon grant) - so whenever such a feature/claim is disclosed - that becomes the priority date for that feature/claim - portion. In the above case if the information was not disclosed in P1 or P2 - but it is disclosed only in regular application - than the priority date of the information will be of regular filing date - we discussed one use case of such a scenario in part 7 of use cases playlist.
@nutanpawar9034
Жыл бұрын
@@AbhayPorwal Thanks Sir
what is the time line for post dating according to sec 9.4 12m can be post dated and sec 17 it can be post date 6m can you diffentate it pls
@AbhayPorwal
Жыл бұрын
9.4 and 17 are different. 9.4 provides you an option of dropping your provisional application all together - there is no provisional application/ priority left in 9.4
@sruthisundarraj8961
Жыл бұрын
@@AbhayPorwal then sec 17 tell about 6 months allowed in post dating for ?? can you reply for this
@AbhayPorwal
Жыл бұрын
@@sruthisundarraj8961 you are no applying section 17 here, you are availing option of section 9.4 which allows to disregard your provisional application all together and all consider regular application for all examination as well as "dates" point of view.
@AbhayPorwal
Жыл бұрын
@@sruthisundarraj8961 any application can be post-dated by upto 6 months is what it says.
Sir what is difference between Provisional and regular application ....why this regular word is used?. Pls explain me
@AbhayPorwal
Жыл бұрын
The first 3 minutes of Video talks about what is provisional application and why you may need to use this option. A provisional application is a type of application that you file when you are not ready with your complete invention or when you are not sure about if the invention is worth putting the time in, or you don't have enough funds. But at the same time, you don't want to lose on the invention date (Filing date) so you file a provisional application - which patent office doesn't look at (doesn't examine or publish) - once you file a complete (regular) specification - that gets published and examined by the patent office.
@nutanpawar9034
Жыл бұрын
@@AbhayPorwal thank you Sir
Sir in case of 9.3 what will be the priority date ? Will it be of the first regular application filed or the first provisional application filed (after cancellation of the first filed regular application)?
@mitalirane817
10 ай бұрын
Sir my doubt got resolved...the applicant is not cancelling the regular application but just requesting the controller to consider the regular application as provisional specification and that too within a period of 12 months....so the priority date of First filed application will be considered in this case. I hope I am correct
@AbhayPorwal
10 ай бұрын
Please see the video again - i will answer once you have gone through it again.
@mitalirane817
10 ай бұрын
Watched sir
@AbhayPorwal
10 ай бұрын
@@mitalirane817 absolutely correct! See, the videos are really simple - if you listen to them carefully, rarely you will be left with any doubts :-)
@mitalirane817
10 ай бұрын
Thank you so much sir 😊 Yes really the videos are really very simplified