tag:blogger.com,1999:blog-5949922529631180407.post831677876701885683..comments2024-03-26T01:16:29.449+05:30Comments on The Demanding Mistress: Section 31(d) of the Patents Act: Scope of Exception to Anticipation J.Sai Deepakhttp://www.blogger.com/profile/08357301068067861565noreply@blogger.comBlogger4125tag:blogger.com,1999:blog-5949922529631180407.post-40655544340982333202015-06-24T11:36:05.354+05:302015-06-24T11:36:05.354+05:30Sir wrt the reply to the 1st comment, I don't ...Sir wrt the reply to the 1st comment, I don't think there is a need to realign it with the US law with regard to the 1 year grace period. Perhaps it is already embedded in the lines itself, though with ambiguity. If we can have a look at <br /><br />"..... if the application for the patent is made by the true and first inventor or a person deriving title from him not later than twelve months after... the reading or publication of the paper, as the case may be.", would mean even if he had published but filed the patent before the 12 month period, his patent may not be termed as anticipated.<br /><br />SwarnilSwarnil Deyhttps://www.blogger.com/profile/15148578306738879622noreply@blogger.comtag:blogger.com,1999:blog-5949922529631180407.post-6649562180549077022013-03-07T23:51:00.872+05:302013-03-07T23:51:00.872+05:30This comment has been removed by the author.Biplab Kumar Leninhttps://www.blogger.com/profile/16157521118567685570noreply@blogger.comtag:blogger.com,1999:blog-5949922529631180407.post-26062084663542280092012-11-23T00:10:33.247+05:302012-11-23T00:10:33.247+05:30Thanks Disha :-) I am not really sure of this dist...Thanks Disha :-) I am not really sure of this distinction between paid subscription and free membership because the provision does not seem to prescribe a parameter based on conditions for subscription. Again, as far as peer-reviewed journals are concerned, I dont think the scope of the provision can be limited to peer-reviewed journals. The latitude of the provision and the absence of definitions for key terms makes this provision vulnerable to mischievous interpretation.<br /><br />It would probably be better to amend Section 31(d) and align it with the position in the US wherein the one year grace period appears to be applicable to publication by the inventor, regardless of where it is published. <br /><br />Best Regards,<br />Sai.<br /><br />J.Sai Deepakhttps://www.blogger.com/profile/08357301068067861565noreply@blogger.comtag:blogger.com,1999:blog-5949922529631180407.post-53868185362318073302012-11-21T18:12:04.972+05:302012-11-21T18:12:04.972+05:30Thanks for the incisive post. Well thought of!
Co...Thanks for the incisive post. Well thought of! <br />Consider this case Sai. An articles in a journal is available to non-members on payment of a fee but only after they become members of the journal.What would happen in such a case? Will it be a publication in the transaction of a learned society?<br />Also, do only peer reviewed journals qualify for this exclusion. That being the case, abstracts of such journals may or may not be available online. How will examiners even come to know of such publications? Disha Jeswanihttps://www.blogger.com/profile/14655735072813478132noreply@blogger.com