Question

You have filed a Patent application on March 18th 2020 and have been issued a Patent Application Number. On March 20th your competitor files a Patent application for almost the exact same invention. On September 22 2021 you are issued a Patent. What will likely happen to your competitors Patent Application that is currently in the que? Briefly explain your answer.

Answer 1

No, Here the competatiors application will be rejected. In this case On march 18th 2020 is the first application dated and the patent application number is issued on the date of march 20th, Here that we can treated that patent application number is enough,here no two valid patents can have same claims would be the valid patent.the one which followed would be made invalid by the first.so, second patent application is dated with september 22 2021 for same patent will be rejected or if in case patent for same innovation granted by the department and if some one has observed the patent issue they have to enfore the defination of validity in directorate and they have to disclose the patent which is being first and patents counting in milloins,and it is very hard to ensure this, and In other case if some one intense to fradulent about the patent rights others have disclose and provethat his cliaim obused and The subsequent claiment is required to add atleast one inventive step to claim a fresh patent , The subsequent claiment can also take the benefit as per the INDIAN PATENT ACT,1970 . If he can prove that he has added sufficient efficiancy in the patented claim.

NOTE : Here, i had answered based on the above data, did not assumed that other conditions are effected in this situation.