PATENT is a statutory right granted for an invention that is novel and not available in the public domain. The Government grants these rights to the patentee after full disclosure of the information related to the invention. This right is given for a limited period – 20 years from the date of filing of the application
The detailed procedure for patent Application Process
Before filing the application, one has to conduct a patent search and check the eligibility of registering the Patent. We will help you conduct an end-to-end patent search to ensure that your invention satisfies all the grounds of patentability. We shall further advise you on various matters concerning the modifications if any required to make the invention patentable.
After a thorough patent search and preliminary check- the next step is to draft a patent application as per FORM-1, accompanied by the patent specification as per FORM-2 If one files a provisional specification- then a complete specification has to be filed within 12 months. In case of default, the applications stand abandoned. Our expert team shall help you in the entire drafting process by considering very minute detail given to draft a comprehensive specification.
After 18 months of the filing of the application, the application will be published. However, a request for early publication (within nine months) can be made at the patent office.
Once the application is filed, a request for examination of the application must be made within 48 months from filing the application or priority date as per FORM-18. The earlier done is better. The Patent Officer will conduct a thorough search and then draft a FER (First Examination Report), which will contain a detailed analysis of the invention and objection if any. If the applicant fails to place the request for examination within the prescribed time, the applicant is deemed withdrawn.
After placing the request for examination, the Indian Patent Office will scrutinize the application and examine it for the patentability criteria.
After examination of the application, the IPO will issue a detailed report of the application. This report is known as the first examination report which will state if the patent can be granted or not. If no, then the reasons for rejection or objection and will also state if any clerical changes have to be made. In short, it will detail out the result for the patent grant for which the applicant has to send a reply within the prescribed time. In case there is any discrepancy in the invention and objections are recorded- then the reply to the objections has to be filed within six months, which can be extended up to 3 months.
In case any objections are raised by the IPO, then the applicant has Six Months’ time from the date of issue of the examination report to comply with the objections raised in the registry.
If the applicant fails to respond to the FER within 6 months, the applicant can ask for condoning delay for an extended period of 3 months by filing an application under FORM 4 within the prescribed time, failure to which the application will be abandoned.
After complying with all the objections raised in the FER, if the application is found to be in order, the patent will be granted and a letter of patents will be issued to the applicant.
But, if the application does not comply with the FER and Controller is of the opinion that the application needs further correction and clarification, an opportunity of hearing will be given to the parties and the case will be decided on merits.
Early Examination of Patents (EEP) Rule 24C of the Patent Rules, 2003 provides for expedited examination of patent application in the patent system in India. It is basically a faster process of examination of patent application than an ordinary examination of patents.
After the application is published, as per Section 25(1) – any third party or the Government can challenge the grant of the application after publication but before the grant. Any person challenging the grant has to file in writing as per FORM 7-A the grounds of opposition and submit it to the Registrar within six months from the date of publication.
Note: Pre-Grant oppositions can be filed even before the examination of the application is concluded. However, it will be considered only after a request for examination is placed.
In case any opposition is filed, the entire process of reply, evidence submission, and hearing process will occur. Once all the oppositions are apparent, the Patent Officer will grant the Patent.
Once everything is clear, the Patent will be granted, and the invention will be open for any post-grant opposition.
A Patent is granted for a period of twenty years from the date of application or the priority date and is subject to annual renewals also known as Patent Annuity Payment.
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