Patent Registration In India
What is the patent registration 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 Procedure in India
India follows deferred examination system according so the application for patent is not examined unless a request for examination of patent application in India is filed with the Patent Office. 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.
Expedited or Early examination of Patents under the Indian Patent Law
With the amendment to the Patents Rule, 2003 of the Indian Patents Act, 1970 on May 16, 2016 by Patent (amendment) rules, 2016), provision of Expedited Examination was introduced in the Patent system of India.
Meaning: An Expedited Examination is a faster process of examination of patent application than the ordinary examination.
Process: A request for Expedited Examination may be filed by an applicant, requesting the Indian Patent Office (IPO) to expedite the examination of the relevant patent application.
As per Rule 24C of the Patent Rules as amended in 2016, a request for Expedited Examination can be filed only by electronic transmission duly authenticated with the prescribed fees in Form 18A within 48 months of the date of priority of the application or the date of filing the patent application, whichever is earlier.
Filing request for expedited examination of patent application in India
A request for Expedited Examination of patent may be filed by:
- Patent Co-operation Treaty (“PCT”) applicant nominating the IPO as its International Searching Authority (“ISA”) or as an International Preliminary Examining Authority (“IPEA”) in the corresponding international application; or
- A Start-Up
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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