Patent Prosecution Flowchart – India
Patent flowchart below enumerates the various stages from filing till grant of a patent in India.
Patent Applications in India can be filed as per the below categories :
PCT National Phase Application
a) Ordinary Patent Application
An ordinary patent application is filed with the India Patent Office without claiming priority from any application or without reference to any other application under process . The application can be filed as Provisional Application or as a Complete Application.
b) Provisional and Complete Patent Application
In case the ordinary application is a provisional application then the applicant has to file the complete specifications with the Indian Patent Office within 12 months from the date of his provisional application. As per section 9 of the Indian Patents Act, the provisional specification is deemed to be abandoned if complete specification is not filed with the Patent Office within twelve months from the date of filing of the provisional application.
c) Convention Patent Application
An application filed in India, claiming priority from a similar patent application(s) filed in one or more of the convention countries, is called a convention application. The convention application is required to be filed within 12 months from the date of earliest priority application. required to be filed within 12 months from the date of earliest priority application.
d) PCT Application National Phase Entry In India
PCT is an international filing system in which the applicant gets an international filing date in all the designated countries. The applicant has a time limit of 30/31 months from the date of earliest priority to file National Phase Entry Application in the designated countries. PCT National Phase Patent application designation India can be filed within 31 months from the date of the earliest priority.
Patent Application Stages From Filing Till Grant
The stages of a patent from Filing till Grant are:
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.
Examination of Patent Application in 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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