Lately the Indian Patent Office published new draft manual relating to the Patent Practice to be followed by the Indian Patent workplace. This manual shall outline the practice followed by the Indian Patent workplace throughout the examination of all patent application filed in India whether the Indian application or application claiming conventional priority or filed below the PCT.
Beside retaining its old interpretation of obviousness (non-inventiveness) the Indian Patent office has tried to incorporate the interpretation applied in all main Patent office around the world particularly the European Patent workplace.
Further, as regards to independent claims, a restriction is imposed according to which the independent claims have to show dependency to primary claim. As a result, now in case of independent claims the Applicant shall have to file a divisional application to defend the complete 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 idea shall be allowed in one application only e.g. transmitter and receiver. This is a positive step as couple of Examiners utilised to take into consideration 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 1 application form of compound can be claimed in a single application.
In computer software associated inventions now technique claims shall be allowed. Earlier the Patent workplace used to object of approach claims and applied to allow only the device claims that too with hardware elements.
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