Tuesday, September 09, 2008

Patent Act_36

Is there any system for protecting new plant variety?

New plant varieties cannot be protected in India at present. However, in many countries such plants can be protected through Breeders Rights, patent and UPOV Convention India is under an obligation to introduce a system for protecting new plant variety. The protection can be through patent or a sui generis system or a combination of these two systems.

Patent Act_35

What is the cost of filing a PCT application?

The schedule of fees is as given below
1. (a) Basic fee up to 30 sheets of a patent application (Approx. Rs. 19,500) : 650 Swiss francs (b) Basic fee for a patent application having more than 30 sheets : 650 Swiss francs plus; sheet in excess of 30 sheets : 15 Swiss francs for each
2. (a) Designation fee if designation is less than 11 designation: 150 Swiss francs per (b) Designation fee if designation is more than 11: 1650 Swiss francs
3. Handling fee: 233 Swiss francs
4. Search fees are additionally payable
5 All fees payable are reduced by 75% for applications filed by any applicant who resides in a PCT Contracting State where the per capita national income is below 3000 US dollars. If there are several applicants, each must satisfy the criterion. It may be noted that no concessions are available in the national phase or regional phase applications; respective fees in these phases will have to be paid by the applicant.

Patent Act_34

Which is the appropriate office in India in relation to international applications?
An international application can be filed in any of the Branch Offices of the Patent Office located at New Delhi, Chennai, Mumbai and Kolkata (Head Office). Any of these Offices shall function as receiving office, designated office and elected office for the purpose of international applications filed under the Treaty.
An international application shall be filed in the Patent Office which would process the application in accordance with these rules and the provision under the PCT.

Patent Act_33

What is the benefit of the delayed processing?

(a) By the end of the 20th or the 30th month the applicant is in a better position to assess the quality of the invention being protected as a detailed search report or an examination report or both would be available to help making an assessment.
(b) Applicants can re-evaluate their decision about filing applications in all the designated countries after a long gap of 20 or 30 months.
(c ) If not satisfied, applicants may decide to drop a few countries from the list. This decision would also be influenced by the changing market conditions.
(d ) Applicants can delay their investment in respect of the national phase or the regional phase applications by 20 or 30 months without sacrificing priority.