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Home » Patent Process
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Patent Process |
The process for obtaining a patent in India :
- Provisional Application/Complete Application.
Filing a provisional or complete application is the first step to the registration of the patent in India. The date of filing the provisional application is known as the date of the patent. A provisional application can be filed without a set of claims. On the other hand a complete application should be filed with a set of claim. Timeline for filing a complete specification is 12 months from the date of priority or date of filing of the provisional application. No extension is available for this case. However, post dating for a maximum period of six months is possible by requesting to the Controller one month before the expiration of such a time period.
- PCT International Application
For an Indian applicant who has filed a provisional application in India, a PCT application is to be filed within 12 months from the date of priority or date of filing of the priority application. No extension is available for this case.
- Conventional Application
For an Indian applicant who has filed a provisional application in India, a Conventional application is to be filed within 12 months from the date of priority or date of filing of the priority application. No extension is available for this case. Similarly, for other countries who wish to file a patent application in India under Paris Convention is to file a conventional application by taking a priority from a prior application within the time period of 12 months.
- National Phase Application
National phase applications are filed in India through PCT within the time period of 31 months from the date of filing of the priority application.
- Publication
Patent applications are published after the 18th months from the date of filing of the priority application. However, the applicant request for an early publication on form 9 by paying the prescribed fees.
- Pre-grant Opposition
After the publication of the patent application, any person can file a pre-grant opposition by way of representation within 6 months from the date of publication.
- Examination
Examination under the Indian Patents Act 1970 is not automatic. The applicant or a third party can request for an examination on form 18 in the Patent Office within 48 months from the date of priority of the application. Expressed examination can be requested by an applicant by paying the prescribed fees. However, application will be examined only after the publication of the application.
- Issued of first examination report.
First examination report should be replied within 12 months.
- Notice of Allowance/ grant of the patent /rejection of the patent application
The controller on the basis of the office action response by the applicant either accepts the application or rejects the application.
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