Types of Patents in India
Patents offices in India
Other Requirementsfor Patents in India
PCT National Phase Patent filing in India
Patent Prosecution in India
Publication
The Patent applications in India are ordinarily published after 18 months from date of filing or priority whichever is earlier or when a request is made in this behalf provided no secrecy directions are imposed in this regard by Controller of Patents or Central Government. From the date of publication the applicant for patent has same right as a patentee but the right can be exercised only after grant of patent. The right can be exercised retrospectively from date of publication of application subject to Indian Limitation Act.
As per the recent patent procedures laid down by the Controller General of Patents, Trademarks and Design, the application shall be published only if the complete specificaiton is filed in English or Hindi, Abstract is as per provisions of Indian Patent Act and Power of Authority in favour of agent is filed (if applicable) either with application or within 3 months of requisition made by the Patent office in this effect.
Pre-Grant Opposition
From the date of publication of the patent application in the Indian Patent Journal till the patent is granted, any person by way of representation can file an opposition to the Patent Application provided a request for examination has been filed. Thereupon, the patent shall not be granted until the opposition is set aside.
Examination
For substantive examination of the patent application in India a request for examination has to be filed within 48 months from date of filing of application or date of priority whichever is earlier. In case of secrecy directions the request has to be made within aforesaid period or within 6 months from date of revocation of secrecy direction whichever is later. In case of divisional applications the request has to be made within periods stated above or within 6 months from date of filing of divisional application whichever is later.
Now-onwards the Examination report shall be issued by email in respect of application having the email address in address of service furnished along with Application form. The complete specification shall not be forwarded along with the application, but in exceptional cases, the pages where some amendment or correction is required, only those pages of the specification would be send by email. Where no email id is provided, the examination report etc. shall be dispatched by post.
Patent Grant
Duration of Patent and Renewal
