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Patent dating

patent dating-13

Legislative intent In order to discover the legislative intent behind the introduction of the post-dating concept in the Patents Act, it is wise to examine the report submitted by the Rajgopala-Ayyangar Committee (RAC) to the government of India on its suggestions for the revision of the Indian patent law to suit industry needs.On the subject of post-dating, the RAC cited the following quote: “The applicant gets more time for filing a complete specification for putting his application in order but at the risk of having his patent wholly or partially invalidated by some disclosure or application made meanwhile.” (Terrell, , page 39.) Interpretation Sections 9(1) and 9(4) of the Patents Act are the most relevant when interpreting the scope of Section 17(1) of the act.

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Since this decision, the issue of post-dating has not been addressed by any other court or the IP Appellate Board.made a significant change in the design of the dispenser, and reapplied for a new Patent Number.By looking at the patent number, you can also determine a rough guess of the dispenser's age.A provisional application is generally filed to gain priority for a patent application, as the priority date plays a vital role in the grant of the patent.If an applicant needs more than the prescribed period to file a complete specification, an applicant may post-date a patent application, accompanied by a provisional specification.However, it is evident from the preamble of Section 17(1) that the section is subject to Section 9, which means that all subsections of Section 9 must be complied with before implementing Section 17.

Precedent In 1999 the Delhi High Court in ((1999 IVAD Delhi 613, AIR 2000 Delhi 23, 80 (1999) DLT 56)) cited Sections 9 and 17, and stated that a patent could be post-dated only to the date of filing the complete specification.

This number is a code number that relates to a specific Injection Molding facility (manufacturing / molding plant) used by PEZ.

A single digit number is the most common occurrence and indicates which country the molding plant is/was located.

It is my opinion that in reality this marking is more equivalent to "Patent Pending".

I'm basing this guess on the fact that PEZ called their early regulars "PEZ BOX", and typically any type of a patent marking would contain some type of a number.

Section 9(4) deals with post-dating the application, according to which the post-dating of the patent can be done only to the date of filing the complete specification where the complete specification has already been filed pursuant to the provisional application.