Delhi IP

The basic criteria for patent registration generally include three main requirements that an invention must meet to be eligible for a patent. These criteria are typically consistent across various jurisdictions, though specifics can vary slightly. Here are the fundamental requirements: Novelty : An invention must be new and not disclosed to the public before the filing date of the patent application. This means that no identical invention should have been publicly known, used, described in a publication, or patented anywhere in the world before the date of filing. Non-Obviousness (Inventive Step) : The invention must involve an inventive step or non-obvious improvement over existing technology or knowledge. This criterion evaluates whether the invention would have been obvious to a person skilled in the relevant field of technology at the time the invention was made. In other words, it must not be an obvious modification or combination of existing inventions. Industrial Applicability ...

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...