Home
Legal Advice
Patent
What is the patent application process in India?

What is the patent application process in India?

14-Mar-2023

Patent

Answer By law4u team

The patent application process in India typically involves the following steps: Preparation of the patent application: The first step is to prepare a complete patent application that includes a detailed description of the invention, claims that define the scope of the invention, and any necessary drawings or diagrams. Filing the patent application: The next step is to file the patent application with the Indian Patent Office. The application can be filed either online or by physically submitting it to one of the four patent offices located in Delhi, Mumbai, Kolkata, and Chennai. Publication of the patent application: The patent application is published in the official patent journal 18 months after the filing date or the priority date, whichever is earlier. Request for examination: The applicant must request examination of the patent application within 48 months of the filing date or the priority date, whichever is earlier. The examination request must be accompanied by the prescribed fee. Examination of the patent application: Once the examination request is filed, the patent application is examined by a patent examiner to determine if it meets the criteria for patentability. The examination process includes a search for prior art and a review of the claims and the specification. Response to examination report: If the examiner raises any objections or issues a rejection, the applicant must respond to the examination report within a specified period of time. The applicant can either amend the claims or argue against the objections raised by the examiner. Grant of the patent: If the examiner is satisfied that the patent application meets the criteria for patentability, the patent is granted, and the applicant must pay the final fee to get the patent issued. Renewal of the patent: Once the patent is granted, it must be renewed every year by paying the prescribed fee. The renewal fee increases with each year of renewal. It's important to note that the patent application process in India 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 Anik

Dear 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

Answer By Anik

In India, a patent application is examined after a Request for Examination (RFE) is filed within 48 months of the filing or priority date, triggering a formal review by a patent examiner to assess patentability criteria like novelty, inventive step, and industrial applicability.