!

ndian Patent Process
By
Dr. Kalyan Kankanala
kalyan@brainleague.com
www.brainleague.com
BLOC: www.sinapseblog.com
iling
Place
Applications
Provisional and Complete
Applicant
Filing Strategy
'ime of filing
Purpose of filing
Subject matter of application
Provisional vs. Complete
Application
oreign/PC' application
ample
!nvention is in the field of Optical ibers.
!nventor's Description of the technology and the invention
Preform
Nandrel/Core rod
Precursors
ample Contd..

nd
Layer
1
st
Layer
Hole
Cross·section of the preform.
ample Contd..
1
S'
!NvEN'!ON: simultaneous sintering and
collapsing
ample Contd.

ND
!NvEN'!ON: "paque glass tube which is
used during drawing of the optical fiber preform and
which is non permeable to !R radiations and heat.
"paque tube
Preform
Heating element
"ptical fiber
Furnace
Example Contd.
Example Contd...
Your advice on filing strategy
. Your client is an independent inventor. He
is waiting for funding.
2. Your client is a billion dollar company
Priorty Date
iling
oreign priorty
PC' priorty
ample
April 24, 200· Provisional specification disclosing elements A, B and C.
April 22, 20· Complete Specification with elements A, B, C , D and
Can the complete specification claim priority from provisional specification?
ample
April 24, 200· Provisional disclosing elements A, B and C.
September 24, 200· Provisional Specification disclosing elements D and
April 22, 20· Complete Specification with elements A, B, C , D and
Can the complete specification claim priority from provisional specification?
ample
April 24, 200· Provisional specification filed in the nited States
September 24, 200· Provisional Specification filed in Canada
Can a complete specification be filed in !ndia claiming priority from any of
the provisional specifications?
ample
September 22, 2008· Provisional specification
filed in !ndia
September 22, 2003· PCT application filed in
!ndia.
Today the client comes to your for filing a
National Stage application in !ndia.
Publication
Notice to public
Date of publication
Rights start
Examination
Request for Examination
irst Examination Report
Response to ERs
Hearing
ample
irst Examination Report: Prior Art
Rejection
ample
Claim 1
An apparatus for drawing an optical fiber, said apparatus
comprising:
a furnace .. for heating a preform,
a suspension means for suspending said preform and ,a
handle adapted to secure a top end of thepreform...,

wherein
said top end of the preform is provided with a tubular
member,
said tubular member covers the top end of said perform
and at least a portion of said handle and extends towards a
suspension means along the handle.
ample
Examiner's 1
st
rejection (irst Examination Report)
Feed Rod
ample
Amendment in Response to the Examiner's rejection
An apparatus for drawing an optical fiber, said apparatus comprising:
a furnace .. for heating a preform,
a suspension means for suspending said preform and ,a handle adapted to secure a
top end of the preform...,
wherein
said top end of the preform is provided with a tubular member, and
said tubular member covers the top end of said perform and at least a portion of
said handle and etends towards a suspension means along the handle, and
said tubular member is opaque and is non·permeable to infrared radiations.
ample Contd... (Examiner's Second
Rejection)
ample Contd.
!nterview with the Examiner to
convince him on the patentability
of the claim.
Crant
Ready for grant
ee
Crant
Publish
Opposition
Pregrant
Post grant
Crounds
Conclusion
Scope of the invention
Prosecution History
Litigation
'hank You.
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