INDIA PATENT FILING PROCEDURE

The Indian Law of patent gives a monopoly right to the inventor over novelty, utility and non-obviousness of the invention, for a period of 20 years, under The Patent Act, 1970. On expiry of the term it can be renewed after paying the renewal fee.

WHO CAN FILE A PATENT APPLICATION

  • The patent application can be filed wither by an Individual or jointly, who claim to be a first and true inventor or inventors; or
  • The legal representatives  of the inventor or assignee; or
  • The assignee, if assigned to him be the inventor.

WHERE TO FILE THE PATENT APPLICATION

Patent Application will only be accepted if files under proper territorial jurisdiction, of the place where the invention actually originated or the place of business.

In case the applicant has no business in India, the applicant has to provide the address for such service in India.

The filing of the applicant can be done through online or offline.

PROCEDURE OF FILING PATENT APPLICATION

1) FILING THE APPLICATION

A Patent Application needs to be filed in the territorial office for receiving patent protection in India. Following documents are required for filling a patent application:

  1. Cover letter: containing index
  2. FORM1: Application for Grant of Patent
  3. FORM 2: Complete / Provisional Specification
  4. FORM 3: Statement and Undertakings
  5. FORM 5:Declaration of Inventor-ship, in case if the applicant is an India
  6. FORM 26: Power of Attorney
  7. Certificate copy of the priority document (if claimed)
  8. Requisite Statutory fees.

2) PUBLICATION

To be published in the official Journal after expiry of 18 months from date of filing the application.

After filing FORM 9, requesting for publication, the application will be published within 1 month from the date of filing Form 9, with a requisite fee.

3) PRE-GRANT OPPOSITION

On publication, any person may file a pre-grant opposition to the controller, on any ground, in writing, within 3 months from the date of publication of the application or before grant of patent, whichever is later.

This step does not incur any type of fee.

4) REQUEST FOR EXAMINATION

Under FORM 18, request for examination shall be made within 48 months from prior date, with a requisite fee. After critical examination of the application, the examiner will issue a Report known as First Examination Report [FER]

5) AMENDMENT IN APPLICATION

The Applicant may make a necessary changes based on the report within 12 months from the date of issue of FER

6) GRANT OF PATENT

The controller will only grant the application, if and only the applicants make the necessary changes as per the objection raised in FER.

7) POST GRANT OPPOSITION

Even after granting patent protection, any person may file an oppose under FORM 7 to the controller on any grounds, in writing, within 1 year after the grant of patent protection, with a requisite fee.