patent claiming that priority no?

2

Patent no WO2012164480 (A1) which is claiming priority to patent IN2011DE01539 (IN201101539I1), can these two patents be considered as the same patent or are they different patents?

k.samba sivudu

Posted 2013-02-07T13:20:29.680

Reputation: 21

Can you provide a link to 'IN201101539I1'? – Ondrej Tucny – 2013-02-11T17:33:22.280

Answers

1

Yes, it is for the same patent application number. Actually, Indian Patent Office has unique way to allot the patent application numbers. There are four patent offices in India viz. Delhi, Mumbai, Kolkata and Chennai. These patent offices are divided on the basis of jurisdictional states. Hence, a patent application can only be filed in Delhi if the applicant resides in the Northern States of India. The patent application number start from 1 to many till 31 Dec in each year by each patent office.

Therefore, 1/DEL/2013, 1/MUM/2013, 1/KOL/2013 & 1/CHE/2013 are available based on filing offices.

The actual number for said priority application is 1539/DEL/2011 i.e. application filed in Delhi Patent Office. However, the same format of application numbers are not used by EPO and other databases while quoting Indian Applications. Therefore, the confusion has been created.

lalit ambastha

Posted 2013-02-07T13:20:29.680

Reputation: 11

0

Yes, these applications are directed to the same invention. It looks like this is a PCT application (PCT/IB2012/052664) claiming priority to the Indian application you cited. You can access the prosecution history here:

http://patentscope.wipo.int/search/en/detail.jsf?docId=WO2012164480&recNum=1&tab=PCTDocuments&maxRec=1&office=&prevFilter=&sortOption=&queryString=FP%3A%28WO2012164480%29

It appears that there are some amendments to the claims in response to the international search report. Otherwise, these applications are probably very similar.

Yorick

Posted 2013-02-07T13:20:29.680

Reputation: 821