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Patent Procedure in India

Patent Procedure in India

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Categories:Business/Law
Published by: SiNApSEblog on Feb 10, 2012
Copyright:Attribution Non-commercial

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11/23/2012

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Patent Procedure In India
Author: Nishant Kewalramani
1
 INTRODUCTION
Patent Procedure generally refers to rules related to the process of filing and prosecuting patent applications in a particular jurisdiction. Adetailed understanding of the patent process is as important as understanding the nuances of the patent law itself.
PATENT PROCEDURE
The patent procedure in India can be broadly divided into the following stages:a)
 
Filingb)
 
Request for Examinationc)
 
Publicationd)
 
Examinatione)
 
Opposition- Pre Grant and Post Grantf)
 
Registration and Renewal fee payment
a)
 
Filing
The first question that arises with respect to filing of a patent application is – ‘who can file a patent application?’ A patent application canbe filed either by a person who claims to be the true and first inventor of the invention or it may be filed by the assignee of the true andfirst inventor
2
. The application may also be filed by the legal representative of any deceased person who was entitled to file such anapplication immediately before the death of the true and first inventor
3
.
1
Email: nishant@brainleague.com
2
Section 6 (1) (a) & (b), The Patent Act, 1970 (as amended).3 Section 6 (1) (c), The Patent Act, 1970 (as amended)

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