Section 8 of The Patents Act, 1970, PA : Section 8: Information And Undertaking Regarding Foreign Applications

Explanation using Example

Let's consider a hypothetical scenario. Mr. Sharma, an Indian inventor, has developed a new type of solar panel technology. He has filed a patent application for this invention in India under The Patents Act, 1970. However, he is also interested in securing his rights internationally, so he has filed a corresponding patent application in the United States and China for the same invention.

According to Section 8 of The Patents Act, 1970, Mr. Sharma is obligated to inform the Indian Patent Office about his foreign patent applications. He must provide detailed particulars about these foreign applications (clause (a)) and commit to keeping the Indian Patent Office updated about any future foreign applications for the same invention until his Indian patent is granted (clause (b)).

In addition, if the Controller (the head of the Indian Patent Office) requests, Mr. Sharma must also provide information about the processing of his patent application in the U.S. and China. This could include the status of the application, any objections raised, or amendments made to the application.