Basics of Patent- Learning Series - 2

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Patent applications are NOT the same as granted patents. After filing of a patent application it will go through examination process at every patent office according to their examination procedure for evaluation of the invention claimed in patent application for the patentability. Evaluation is mainly based on the three criteria that is novelty, non obviousness and industrial applicability. After examination, examination report with the detailed query is issued. Applicant has to reply the query and sometimes has to amend the claims to satisfy the patentability criteria against raised query. So finally when the patent is granted after satisfaction of all queries raised in examination report it may or may not contains the same claims as claimed in the initial application. So the main difference will remains in the claims only. Patents are examined; they are NOT peer-reviewed. As explained earlier that all patent applications are gone through the examination. This examination is not just peer review like review of an article. It is very through examination and evaluation. Patents are rights with geographic boundaries. Rights given to patent holder is have geographical boundary ie if someone has applied for patent in india and finally he gets grated patent in india, his patent right is applicable to geographical boundary of india only. Applicant of patent in india can not claim his right in US or Europe.
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Sanjay Patel's picture
Author: Sanjay Patel

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D Shravani's picture

Hie Sanjay, I feel you can add about PCT here.. If you have planned it for next blog then, i will have to wait....

Regards,
Shravani
Team:"CHAR"MINAR
http://www.pharmainfo.net/dshravani

Sanjay Patel's picture

Hi shravani, I have planned to cover all major aspects related to basic understanding of patent starting from basic, indian patent system and other including PCT also.. You can visit my blog at http://patent4pharma.blogspot.com for the same thing and also some other news from pharma and patent. Regards,

Sanjay Patel M.Pharm, LL.B (Continue) Indian Patent Agent patentagent2007@gmail.com

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