India Trademarks

I have received more questions from members which I have answered. I post below three questions and answers.

Q.1.-Can a similar patent be filed in India without contacting the
actual assignee who has filed the same patent application. (The patent
has not been issued )
 E.g. consider a scenario if an application has been filed in Europe
and the assignee has not filed that application in India within a
year, is it possible to file that application in India by a different
assignee?

Answer: No. A application for a patent can be filed only if you have an invention. An invention is one which is Novel, non-anticipated by prior publication, not obvious to a person of ordinary skill in the art and is useful.

However if the assignee has not obtained patent protection in India, you can very well start manufacturing and marketing or using it in India without any problem.

Q.2.-While filing a non-provisional patent application is it essential
to search and mention all the prior art from different countries like
Europe,US etc.?

Answer: I have dealt with this in the Background section of the provisional patent application. While conducting a prior art search is essential, you need not disclose all prior art that you searched and identified. In fact I would suggest that you limit yourself to one sentence only and do not disclose details of prior art you know. This is called applicant admitted prior art in patent examination time and the patent examiner will reject your application on the ground that the invention was obvious by citing the document you cite. Do not cite any prior art documents unless the claim is going to be an improvement claim over an existing prior art. ie unless you file a Jepson type of cliam.

Q.3.-If a particular patent application has been rejected then is it
still available on the USPTO site in the application section or is it
being deleted from the database of the application after the rejection
of the application?
Cosider a situation that I have come across an application that was
published in the year 2002 but i could not find the related patent to
that particular application, so can it be inferred that the
application has been rejected
Patent No. :US2002/0177021 A1

The patent is published. The link in USPTO is this.

You must give the year followed by the 7 numbers and without including US or / between the years while searching USPTO.

As to whether the patent has been rejected, you need to conduct a search for the File Prosecution History which is available at Public pair. I have not started teaching Patent search and I will cover these details later.

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