Delhi IP

Citation: C.A.(COMM.IPD-PAT) 415/2022 Arthrogen GmbH vs. Controller of Patents, Design and Trademark,  5 February, 2024 The appeal under Section 117A of the Patents Act, 1970 challenges the rejection of Indian patent application No. 11377/DELNP/2012 by Respondent No. 2, the Controller of Patents, based on Sections 3(j) and 3(i) of the Act. Appellant’s Details and Patent Application: Arthrogen GmbH, a German company, filed the patent application for a method involving the production of protein-enriched blood serum using gold particles. The application included several claims, including methods and product claims related to the protein-enriched blood serum. Claim 1: 1. A method of producing a protein enriched blood serum comprising the steps of: collecting a blood serum; mixing the blood serum and gold particles in a container; incubating the blood serum and gold particles to produce protein-enriched body fluid serum; and removing the gold particles from the protein enriched blood se...

The cost of filing a patent in India can var y based on several factors, including the type of applicant (individual, small entity, or large entity), complexity of the invention, and whether the application is filed electronically or physically. Here’s a general overview of the costs involved in filing a patent in India : Filing Fee : The basic filing fee for patent applications in India varies depending on the applicant type:  Natural person/startups/small entities : Reduced fees apply.  Other entities (large entities) : Higher fees are applicable. Request for Examination : After filing the application, a request for examination must be filed within a certain period. The examination fee depends on the applicant type. Other Fees : Additional fees may apply for late filing of documents, requesting expedited examination, and other procedural requirements. Professional Fees : If you choose to hire a patent agent or attorney to prepare and file your application, their professiona...