In India, patent applications are examined by a patent examiner to determine if the invention meets the criteria for patentability. The examination process typically involves the following steps: Formalities examination: The patent office conducts a formalities examination of the patent application to ensure that it meets the basic filing requirements, such as including a description, claims, and abstract, and that the required fees have been paid. Search and examination report: The patent office conducts a search for prior art to determine if the invention is novel and non-obvious. Based on the search results, the examiner prepares an examination report that lists any objections or rejections to the patent application. Response to examination report: The applicant must respond to the examination report within a specified period of time, typically six months from the date of the report. The response can include amendments to the claims or specification or arguments against the examiner's objections. Further examination: If the examiner is satisfied with the response, the application proceeds to grant. If not, the examiner issues another examination report, and the applicant must respond again. Grant of the patent: If the examiner is satisfied that the invention meets the criteria for patentability, the patent is granted, and the applicant must pay the final fee to get the patent issued. During the examination process, the patent examiner may also conduct a hearing to discuss any issues related to the patent application. It's important to note that the examination process can take several years to complete, and it is advisable to seek the help of a patent attorney or agent to navigate the process.
Answer By AnikDear client, The patent application process in India is governed and controlled by the Indian patent office (IPO), which operates under the department for promotion of industry and internal trade (DPIT). The process of patent applications generally consists of the following steps which is mandatory to get the patent in India. PATENT SEARCH: This is not mandatory by highly recommended because before applying for patent one should do a patent search to check whether the similar inventions already exist. The search can be conducted through the help of Indian penal office database and international databases such as USPTO, EPO, and WIPO. FILINNG OF PATENT APPLICATION: The applicant must file a patent application before the Indian patent office. The applications it can be filled online or physically at any of the four patent offices located in Delhi, Mumbai, Chennai or Kolkata. Different types of patent applications • Provisions application • Complete specifications • Convention applications • PCT applications PUBLICATIONS OF PATENT APPLICATION After the filing of the applications, the patent application will be published in the official patent journal within 18 months. The applicant can file an early publication request to speed up the process EXAMINATION OF PATEENT APPLICATTIONS After the stage of publications, the patent application is examined by the patent examiner. A request for examination must be filed within 48 months from the filing date. The examiner will scrutinize the invention for novelty, inventive step, and industrial applicability. This is one of the important steps in filing applications. OFFICE ACTION AND RESPONSE If the patent office finds any issues or complaints on the publications of the patent application, the office will issue a first examination report (FER). The applicant is obligated to respond to the objections and should make necessary amendments within 6 months. GRANT OF PATENT If all the objections are resolved, the patent is granted to the patent holder, and the details about the invention will be published in the official patent journal. The issued patent is only valid till 20 years from the filling date, and it is subject to renewal fees. POST GRANT OPPOSITION AND MAINTENANCE The individuals have the right to oppose the general patent within 1 year from the grant of the date of the patent and the patent holder is liable to pay annual renewal fees to maintain the patent. I hope this answer helps, in case of future queries please feel free to contact us. Thank you
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