P.H. Kurian, the controller general of patents resignes

P.H. Kurian, the controller general of patents, designs and trademarks
at India's intellectual property (IP) office, has resigned from the
key post with more than half his term left to run.

The first Indian Administrative Service (IAS) officer to head the IP
office, Kurian took over the assignment in February 2009 for a
five-year term, but is reverting to his home cadre after just two
years and four months. Kurian confirmed that he has agreed to get back
to Kerala.

He had taken several initiatives to reform the IP office, which,
according to experts and those who dealt with it, had been opaque in
its functioning and also faced complaints of not always acting fairly.

Kurian introduced transparency in the process of clearing patent and
trademark applications and granting IP rights, a function that is
becoming increasingly critical as India's integration with the global
economy continues.

The decisions of the office have come under more intense public
scrutiny since India signed up to the World Trade Organization's
Trade-Related Intellectual Property Rights (TRIPS) regulations in
2005.

Industry observers, who didn't want to be cited, said that Kurian may
have ruffled feathers during his tenure with the changes he brought
about, which could have prompted the early exit.

Strategy for Drafting in Patent Agent Exam

Drafting a time consuming excercise and very often examinees can not complte answering the questions in Part II due to lack of time.
There could be different ways to manage your time:

Question on drafting claims:

1. Draft the claims first  then the title.
2. Derive the abstract from the claims so  written
3. See  that the three are in sync and all the claims are covered in the claims.


Question on drafting patent document:After answering the first question, go for the second drafting assigenment where you would be asked to draft a patent document that includes the detailed description, summary, technical field etc. Just elaborate on the claims provided as a part of the question in order to get the detailed description.


While drafting a patent do not forget to provide an working example which is the main part as it describes the best possible way to implement the invention.

Answer both the drafting assignments (worth 60 marks) within 2  hours, so that in the remaining 1 hour you can solve 4 interpretation questions which are worth 40 marks. 
 
Practice- the examples generally come on houshold items, devices etc. Download a patent and read carefully.
 

2 Different ways to transfer rights for granted and pending patents

Incase  Patent is already granted then to transfer the Right, title and interest or the proprietorship of the patent an application of transfer has to be made by the new owner/on behalf of the new owner of the patent at the IPO on Form 16 along with corroborating documents such as a Deed of Assignment on a stamped paper which also has to be witnessed by at least 2 natural persons. In case a patent agent is submitting these  documents a power of authority from the new owner of the patent is also required.

Request for Recordal of 'Transfer of Rights' is done by the new applicant/proprietor and a patent agent also has to submit a new power of authority for acting on behalf of the new applicant for transfer of rights.




Form 6 is used by the "Applicant" of a patent for transfer of rights of a pending patent application.

For simple change of name of the applicant where no transfer of rights has taken place Form 13 is used.  It can be used for all amendments - pre-grant or post-grant.

Eight (8) Things to know about division of application

Secton 16 of the patent act covers division of application.

The salient features of Secton 16 and division of application

are the following

1. Division of application can be made at any time before the grant of the patent.
2. Division of application is made to remedy the objection of  complete specification relating to more than one invention.
3. Division of application accompanies  complete specification.
4. The complete specification should not include any matter disclosed in the  first  application.
5. Neither of the  complete specifications should include  claim for any matter claimed in the other.
6.Divisional application is deemed to have been filed on the date on which the first mentioned application had been filed.
7. Divisional application  is proceeded with as a substantive application
8. Divisional application  is examined when the request for examination is filed within the prescribed period.

Result of Patent Agent examination is out

If you have appeared in this years patent agent exam then you must be anxious to know your results.

Here is a lsit of successful candidates.

http://ipindia.nic.in/ipr/patent/patent_agent/patentAgent_Result_25May2011.pdf

If you do not find your name then check your marks here


http://ipindia.nic.in/ipr/patent/patent_agent/Annex_PatentAgent_Result_25May2011.pdf
 
Best of luck to you all!!

Rights of co-owners of patents

Section 50. Rights of co-owners of patents


(1) Where a patent is granted to two or more persons, each of those persons shall, unless an agreement to the contrary is in force, be entitled to an equal undivided share in the patent.







(2) Subject to the provisions contained in this section and in section 51, where two or more persons are registered as grantee or proprietor of a patent, then, unless an agreement to the contrary is in force, each of those persons shall be entitled, by himself or his agents, the rights conferred by section 48 the patented invention for his own benefit without accounting to the other person or persons.







(3) Subject to the provisions contained in this section and in section 51 and to any agreement for the time being in force, where two or more persons are registered as grantee or proprietor of a patent, then, a licence under the patent shall not be granted and a share in the patent shall not be assigned by one of such persons except with the consent of the other person or persons.







(4) Where a patented article is sold by one of two or more persons registered as grantee or proprietor of a patent, the purchaser and any person claiming through him shall be entitled to deal with the article in the same manner as if the article had been sold by a sole patentee.







(5) Subject to the provisions contained in this section, the rules of law applicable to the ownership and devolution of movable property generally shall apply in relation to patents; and nothing contained in sub-section (1) or sub-section (2) shall affect the mutual rights or obligations of trustees or of the representatives of a deceased person or their rights or obligations as such.







(6) Nothing in this section shall affect the rights of the assignees of a partial interest in a patent created before the commencement of this Act.

Patent Agent Exams 2011 Paper I Question papers

Hi friends,
I have typed the whole question paper so there could be mistakes.
If you ever use it please put a reference and or link  to http://patentexperts.blogspot.com/.
The 2nd paper will be available soon.

=Ray

(Under Section 126 of the Patents Act, as amended)

January, 15, 2011

PAPER 1

TOTAL MARKS: 100

TIME (10:30 a.m. to 1:30 p.m. - 3 hours)

Total Number of Pages: 7



Instructions:

1. This paper consists of two parts.

2. The first part (Part A) of 40 marks require you to pick the right answer(s) from amongst given choices. This part consist of multiple choice questions (Part A1) and true/false type questions Part A2. You must answer all the questions in this Part.



3. The second part (Part B) has Eight (8) questions of 10 marks each and you need to answer any six questions.





4. Read the questions very carefully before answering them. No clarification or doubt can be sought on the questions to the invigilators and you need to interpret it from the question given as it is.



Part A (40 MARKS)



Part A1 (15x2= 3- MARKS)



Each Question Bellow Carries Two (2) Marks. Please answer all the questions.



Instructions:



Choose the right answer by indicating your choice in the answer sheet given to you against the relevant question number. If there are two correct answers for a question, you must choose both. Illustratively if the right answer to the Question (1) is “c”, you must write Question (1)=c.



Similarly if the Question (1) has two right answers (“b” and”c”), then you must indicate: Question (1)= b and c.



In the above example if you pick only “b” and not “c”, you will loose half the mark for the question. However if you choose a wrong option, you will not get any marks. Illustratively if you choose “a”, “b” and “c” in the above example, you will not get any marks.

1. A Patent Application means

a. Provisional application

b. Complete Specification

c. An application published before grant

d. An application of patent addition

e. An application which is accomplished by a sample

f. All of the abobe



2. The term of a patent of addition filed on 07.01.2006 and granted on 15.02.2009 in pursuance of complete specification for main invention which was filed on 23.08.2005 and granted on 30.10.2008 (if neither patent is revoke prior to term of validity ) is-

a. 07.01.2026

b. 30.10.2028

c. 23.08.2025

d. 15.02.2029

e. None of the above



3. The Central Government is empowered to revoke a Patent in public interest:

a. After moving the appropriate court

b. After hearing the patentee.

c. After issuing the necessary compulsory license.

d. After appealing in the IPAB

e. After allowing post grant opposition.

f. None of the above



4. Register of Patents will contain:

a. Names and the addresses of grantees of patentee

b. Assignments and Transmissions of patents

c. Notice of trust effecting the Patent

d. Infringement proceedings on the Patent

e. Opposition data on the Patent

f. All of the above.



5. A patentee whose patent is lapsed and restored can

a. File a suit of infringement during the period of lapse and restoration

b. Licence after the restoration of the patent

c. Bring an injunction during the period lapse and restoration.

d. Only be entitled for royalty during the period of lapse and restoration

e. All of the above

f. None of the above





6. Compulsory Licence for export under Indian patent Act is for

a. Pharmaceutical Products

b. Diagnostic Kit required for their use

c. Medicinal Plants

d. Clinical trial data

e. Generic modified micro organism

f. All of the above



7. A Patent infringement case should be initiated only in

a. In a district court

b. In any High Court

c. Directly before IPAB

d. International Court of Justice if it is an international dispute

e. All of the above

f. None of the above



8. Once a compulsory licence is granted

a. It can be terminated by the Controller

b. The compulsory licence holder has to be heard

c. Termination only on valid grounds

d. All of the above

e. None of the above



9. When a biological material has been mentioned in a patent application it must be deposited with International Depositary Authority:



a. When specifically requested by the patent when the application comes up for examination

b. When it is not capable of being fully described in the application

c. When it is not easily available in India

d. When applicant finds that it will aid in convincing the patent office of the patentability of the invention containing the material

e. All of the above.



10. In Post Grant Opposition, the person opposing shall submit:

a. One copy of the statement of the opposition to the patent office

b. A copy to the Patentee

c. Notarized copy of the evidence

d. Through registered post with acknowledgement due

e. All of the above



11. When submitting a Patent application the drawing should be:

a. In three dimension if it relates to a molecular structure

b. In A4 size sheet

c. Without descriptive matter in the drawing except the flow diagram

d. Without colours

e. None of the above.



12. An International application can be filed:

a. In any patent office in India

b. Only in English

c. In triplicate

d. To be filed only in the head office

e. All of the above

f. None of the above



13. The Intellectual Property Appellate Board is:

a. A statutory body under the Indian Patent Act

b. Above the High Court and bellow the Supreme Court

c. Immune to a challenge in a High Court

d. Is a Board where the Controller has the right to appear before its legal proceedings

e. All of the above

f. None of the above



14. If the stamp of ‘patent pending’ is used by anyone before the grant of the patent, such an act

a. Is liable for punishment of ` One Lakh

b. Can be proceeded before the IPAB

c. Allowed if there is an application pending in India

d. Allowed if there is an indication it has been applied outside India

e. All of the above

f. None of the above



15. A Request for Examination for an ordinary application can be filed:



a. Alongwith the complete specification

b. At anytime before publication of the complete specification

c. At anytime after publication of the complete specification

d. Anytime within 48 months of filling the complete specification

e. (b) or (c) subject to (d)

f. All of the above







PART A2 (10X10=10 MARKS)



Each Question Below Carries One (1) Mark. Answer all questions.

Instructions:



Select whether the below propositions are “true” or “false”. You can only select either “true” or “false”. You must indicate your choice in the answer sheet given to you against the relevant question number.

Illustratively, if the right answer to question (1) is “true”, you must write:

Question (1) = true.

………………………………………………………………………………………………………………

1. A model or Sample of an invention should be submitted as part of the Specification.

2. Any Indian Resident can file a Patent in any SAARC Country before filing it in India.

3. A pre grant opposition has to be filled within six months of the publication of the invention by the Patent office.

4. A lapsed patent can be restored by filing a case in district Court.

5. A Patent acquired by the Government for Public Purpose is not entitled for any compensation for the owner of the patent.

6. In a Patent matter a court can give declaration or injunction against groundless threats but cannot award damages as a relief.

7. Any counter claim in a suit for infringement can be brought before the appellate Board.

8. The Controller has the power to amend the abstract for providing better information to third parties.

9. The Controller can issue a compulsory license in circumstances of national emergency, extreme emergency and public non commercial use.

10. A legal representative of any deceased person who immediately before his death, was entitled to make an application for Patent.













PARTR B (6x 10=60 MARKS)

This part contains Eight (8). Answer any six (6) questions. While answering the questions, you are expected to support your answer by citing the relevant sections and rules in the Indian Patents Act.



I. Sigma and Theta are joint owners of a patent in an invention. Theta is independently approached by Trigonometric Ltd. which expresses its interest in commercializing the patent invention?



1. Can Trigonometric Ltd. become co-patentee alongwith Sigma, if Theta consents in writing to this?

2. Theta decides to commercialize the patented invention independently with financial aid from Trigonometric Ltd. for marketing the invention and getting a percentage of the profits in return. Is Sigma entitled to object on learning of Theta’s business arrangement?

3. Theta licenses his share of the patented invention to Trigonometric Ltd. without Sigma’s consent. Can Sigma object to this license arrangement when he gets to know of it?

4. Theta independently manufactures the patented invention and without Sigma’s consent sells it in the market. Trigonometric Ltd. becomes Theta’s sole distributor. A gets to know of this and demands royalty from Trigonometric Ltd. for distributing /marketing the invention, as he is co-owner of the patent in that invention. Is Trigonometric Ltd. bound to pay Sigma royalty?



II. Enumerate the four key issues under the Indian Patent Act on Search for anticipated by previous publication and by prior claim.



III. List at least Ten (10) subject matters of Inventions that are not patentable under the Indian Patents Act.









IV. Enumerate the three key issues relating to the Power of Controller to make orders respecting division of application under the Indian Patents Act

V. Patents are granted subject to certain conditions. Enumerate the conditions with reference to the relevant section of the Patents Act.



Rita who lives in Mumbai made an invention related to some devices and methods of deboning of Chicken to prepare chicken chops. She filed a provisional paten application on January 26th 2010 at the Indian Patents Office. She discussed her invention with Ratna who lives in Colombo. She identified that Rita’s invention was applicable for chickens of over 2KG only. Ratna then made mirror modifications so that the device and the method could debone chickens from without any weight limitations. Rita and Ratna then shared their inventions with Elina a British National who lives in London. Elina made a further improvement to the invention to ensure that Rita and Ratna’s invention has no limitation on the size of the chicken to be deboned.

They now wish to progress their patent application in India and also wish to have the corresponding patent filed in several countries that include Kuwait, Dubai, UK, Germany, China, Sri lanka, Bangladesh and Pakistan.



They have hired you as their patent agent in India and would also want you to take their foreign filings.



Give an elaborate answer to your clients with the relevant sections and rules of the Indian Patents Act and the appropriate International convections.



VII. Enumerate the essential grounds and procedural aspects of Post Grant Opposition under the Indian Patent Act



VIII. Discuss the relevant sections and rules on Amendment of Applications and Specifications under the Indian Patent Act.



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If you ever use it please put a reference and or link to http://patentexperts.blogspot.com/.