Procedure of Filing Patents
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The document outlines the procedure for filing patents in India, detailing who can apply and where to submit applications. It explains the application process, including fees, examination requests, opposition procedures, and the timeline for obtaining a patent. The patent process involves several steps, from initial application to publication and potential opposition, with specific time frames for each phase.
Procedure of Filing Patents
- 1. PROCEDURE OF FILING PATENTS DONE BY KEVIN ANIL
- 2. WHO CAN APPLY FOR A PATENT? An application for a patent may be submitted by: Any person claiming to be the true and first inventor of the invention. Any person being the assignee of the person claiming to be the true and first inventor in respect of the right to make such an application. By the legal representative of any deceased person who immediately before his death was entitled to make such an application.
- 3. WHERE TO APPLY For applicants resident in India, appropriate office is determined according to place of residence/business/origin of invention. For applicants not resident in India or with no place of business in India, appropriate office would be according to the address for service given in the application form.
- 4. PATENT OFFICES Head Office – Kolkata Branch offices at Mumbai Delhi Chennai The Patent Office comes under the Ministry of Commerce & Industry. Each of the branch offices have their own fixed territory and accept application forms from areas lying within its geographical limits.
- 5. PROCEDURE
- 6. APPLICATION File an application for patent With one of the patent offices based on territorial jurisdiction of the place of office or residence of the applicant /agent Pay the required fee which may vary from Rs. 1000-4000 Information and guidelines are available at www.ipindia.nic.in An Examiner checks the formal requirements before accepting the application and the fee An application number is issued
- 7. PUBLICATION Application is kept secret for a period of 18 months from the date of filing. In 19th month, the application is published in the official journal – this journal is made available on the website weekly. Applicant can get it published before 18 months, in which case it will get published 1 month after the request
- 8. REQUEST FOR EXAMINATION Application is examined on request Request for examination can be made either by the applicant or by a third party. A period of 48 months, from the date of filing, is available for making request for examination
- 9. EXAMINATION AND ISSUE OF FER Application is sent to an Examiner within 1 month from the date of request for examination Examiner undertakes examination with respect to criterias A period of 1 to 3 months is available to Examiner to submit the report to the Controller 1 month’s time available to Controller to assess the Examiner’s report First Examination Report (FER) containing list of the objections is issued within 6 months from the date of filing of request
- 10. PRE-GRANT OPPOSITION After publication, an opposition can be filed within a period of 6 months Opposition documents are sent to the applicant and a hearing is called. Applicant’s response should be in 3 months After examining the opposition and submissions made during the hearing, the controller may reject the opposition or accept it and modify/reject the patent application, which is done within 1 month of opposition proceedings
- 11. GRANT OF PATENT A certificate is issued in 7 days Grant of patent is published in the official journal
- 12. FILING OF APPLICATION PROVITIONAL/COMPLETE PUBLICATION OF APPLICATION (PROMPTLY AFTER 18 MONTHS FROM F.D.) REQUEST FOR EXAMINATION (WITHIN 48 MONTHS FROM F.D.) EXAMINATION-ISSUE OF FER (ALL OBJECTIONS TO BE COMPLIED WITHIN 12 MONTHS) GRANT OF PATENTDECISION OF CONTROLLER APPELLATE BOARD REVOCATION/AMENDMENT 3rd PARTY REPRESENTATION OPPOSITIONAPPEAL
- 14. THANK YOU