Section 26&52: "Awarding" Patent post opposition/Revocation

[@smritirana7719]

The way you said 52 is double of 26! i mean tips and tricks everywhere!! :P. Sir, i do have a doubt the part where you explained request sec 52.2 can you explain it again.

[@AbhayPorwal]

Thank you Chem Ma'am :-) 52.2 talks about what will be the patent number and patent date in case patent is "awarded" to the T/F inventor. In case the whole patent (entire invention) is awarded to the opponent - then the new patent carries the same number and date as the original patent. In case only a part of the patent is awarded - then new number is assigned (as per ongoing numbers) but date would be the old date.

[@smritirana7719]

@@AbhayPorwal thank you sir!

[@ranjanabhandari3227]

Sir can you explain Section 52(3): No suit be brought for any infringement of a patent granted under this section committed before the actual date on which such patent was granted

[@AbhayPorwal]

This talks about the "awarded patent", and when can the inventor was recently awarded this patent can sue others. Read it again from this point of view.

[@nutanpawar9034]

I did not get the point from mark 2:38 that is if application for Patent is already filed ..pls explain Sir

[@AbhayPorwal]

This is with regards to the invention that was wrongfully obtained from you. When you go ahead and file an application for revocation of such a patent, you can also request for having the patent on your name because it was wrongfully obtained from you. Now consider another use case, where you also filed a patent on the same idea (after the other person filed an application that you got revoked) - than priority date of your application will shifted to the one that you got revoked.

[@Rush2KPK]

Hello, Good morning! I had one doubt with respect to wrongful obtaining in case of pre-grant opposition where controller may reject the representation, amend the application or grant the patent. In case the decision is in the favour of opponent, does he approach controller with Form-6 to get his name added/substituted as an applicant? +Can file Form-8?

[@AbhayPorwal]

Hello, interesting scenario, but such awarding is not possible through these sections, 26.1 and 52.2. We should handle such a situation using anticipation sections, where we also file an application at the earliest so that such an earlier filed application is not taken as anticipatory reference, while at the same time we go with pre-grant opposition as well. Section 20 can only be applied if there was an agreement between the parties regarding the invention or application.

[@Rush2KPK]

@@AbhayPorwal Thank you so much for this prompt response. So, S.20 may come into scene only when applicants and opponent mutually agree to include opponents name or else post grant opposition is always an option+ filing a parallel application so that to reap benefits of S.26 at a later stage.

[@AbhayPorwal]

@@Rush2KPK We are filing a parallel application to comply with the anticipation S 29 - filing of application as soon as you came to know about the publication/filing by other who wrongly obtained from you. With this we file opposition u/s 25.1 and try to get the patent rejected on this ground. We are not thinking or stretching our strategy till post grant opposition;

[@Rush2KPK]

@@AbhayPorwal Got it!! Thank you so much 👍👍🙏🙏