Patent Procedure In India

What is the patent granting procedure in India?

  • Filing of the patent application
  • Publication of Patent Application
  • Examination of Patent Application
  • Grant of Patent Application

Publication of Patent Application in India:

Once the application for patent is filed, it is published 18 months after the date of filing or the date of priority, (whichever is earlier). But for the right to initiate infringement proceedings, the Indian Patent Act provides similar rights to the applicant on and from the date of publication of application, as that provided to the Patentee.

Patent Examination- India

India follows deferred examination system according so the application for patent is not examined unless a request for examination is filed with the Patent Office to initiate examination proceedings. To initiate the examination proceedings the applicant is required to file a request with the Patent Office. If the examination report is adverse to the grant of Patent, the same is communicated to the applicant. As per the provisions of the Patent Act the applicant has to comply with the requirements imposed on him within a period of one year from the date on which objections are forwarded to him, or else the application is deemed to be abandoned by the Patent Office.

Grant of Patent Application in India:

When the application for Patent is found in order of grant, the patent is granted as expeditiously as possible with the seal of the Patent Office.The grant of patent is published in the Patent Journal and Letters Patent is issued.

Term of Patent in India:

A patent is granted for a period of twenty years from the date of application or priority date, whichever is earlier.

Patent Renewal / Patent Annuity Payment

Patent Annuity fee is payable every year to keep the patent in force for the patent term.

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To Know More about Patents and Patent Examination in India click on the link below:

Patent law in India

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