New Draft Manual of Patent Practice and Procedurepatent Office, India (2008)
Recently the Indian Patent Office published new draft manual relating to the Patent Practice to be followed by the Indian Patent office. This manual shall outline the practice followed by the Indian Patent office during the examination of all patent application filed in India whether the Indian application or application claiming conventional priority or filed under the PCT.
Beside retaining its old interpretation of obviousness (non-inventiveness) the Indian Patent office has tried to incorporate the interpretation used in all major Patent office around the world especially the European Patent office.
Further, as regards to independent claims, a restriction is imposed according to which the independent claims must show dependency to main claim. Therefore, now in case of independent claims the Applicant shall have to file a divisional application to protect the whole scope of the invention.
Now only one omnibus claim can be claimed per application. As only one independent claim shall be allowed naturally one omnibus claim shall be allowed per application.
Further, in respect of patent applications relating to inventions in the field of electronics etc. those claims together forming single inventive concept shall be allowed in one application only e.g. transmitter and receiver. This is a positive step as few Examiners used to consider other set of claims as independent claims and the Applicant has to file divisional applications to protect other set of claims.
In case of chemical and pharmaceutical compounds, process, compound and one application form of compound can be claimed in a single application.
In software related inventions now method claims shall be allowed. Earlier the Patent office used to object of method claims and used to allow only the device claims that too with hardware components.
For more informative articles log on www.aswal.com
About the Author:Author is an Advocate and Patent and Trademark Attorney with Aswal Associates, Attorneys at law & Intellectual property, New Delhi, India and can be reached at sudhir@aswal.com.
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Delectable Chocolate Recipes:
Appetizing Chocolate Candies, Icings, and more:
Icing, also called frosting, is a sweet often creamy glaze made of sugar with a liquid such as water or milk, that is often enriched with ingredients such as butter, egg whites, cream cheese, or vanilla and is used to decorate, cover or add flavor to cakes, cookies or other baked goods.
Chocolate Meringue Pudding
- 1 cup of milk,
- 2 eggs (yolks),
- 2 tablespoonfuls of flour,
- Pinch of salt,
- 4 teaspoonfuls of Baker's Cocoa,
- 3 tablespoonfuls of sugar,
- 1/2 a teaspoonful of vanilla.
Put the milk in the upper part of the double-boiler, and heat. Mix flour and cocoa together and soften in a little cold milk; mix until free from lumps. When the milk is hot, add the flour, and cook, stirring often, eight or ten minutes. Beat yolks of eggs lightly; add sugar and salt, and mix well. When mixture in double-boiler has cooked sufficiently, strain it over the mixture in the bowl. Put back in double-boiler and allow it to cook one or two minutes (stirring constantly), just enough to slightly thicken the eggs. Remove from the stove, and when cool add vanilla and put in the serving-dish. Cover with a meringue. Place dish on a board, put in the oven with the door open, and allow it to remain there for ten or fifteen minutes, and when the meringue will not stick to the fingers, close the door and let it brown slightly. This pudding can be eaten warm or cold, but is much better cold. This will serve four persons generously.
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