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Patent Application Process in India

The document outlines the key steps and sections involved in the Indian patent application process: 1. Section 9 describes filing a provisional or complete specification within 12 months of a provisional application, or the application will be abandoned. 2. Section 11A requires the patent application be published 18 months after filing for public notice. 3. Section 11B requires requesting a patent examination or the application will be abandoned. Examination may result in objections under Section 12. 4. Pre-grant opposition can be made after publication but before grant under Section 25 to argue the patent should not be granted.

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Madhuja Chatterjee
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193 views2 pages

Patent Application Process in India

The document outlines the key steps and sections involved in the Indian patent application process: 1. Section 9 describes filing a provisional or complete specification within 12 months of a provisional application, or the application will be abandoned. 2. Section 11A requires the patent application be published 18 months after filing for public notice. 3. Section 11B requires requesting a patent examination or the application will be abandoned. Examination may result in objections under Section 12. 4. Pre-grant opposition can be made after publication but before grant under Section 25 to argue the patent should not be granted.

Uploaded by

Madhuja Chatterjee
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

Patent Application Process

Important Sections
Section 6 - Who can file a patent?
Section 9 - Provisional and complete specification
Section 10 - contents of the application
Section 11 A- Publication of the application
Section 11 B - Request for examination
Section 12 - Examination of the application
Section 25 - Pre -grant and Post grant opposition
Section 43 - Grant of Patent

Step 1
Section 9
File a provisional specification or
a complete specification.
Complete specification to be
filed within 12 months after filing
of provisional application. If not
filed, then application shall be
abandoned.

Step 2

Section 11 A
Patent application shall be
published after the expiry of
18 months from the date of
filing of the application

Step 3

Section 11 B
Request for patent
examination. If not
requested, application will be
abandoned.

Step 4
FER - First Examination
Report

Any objections raised


has to be answered
between 6 - 9 months.
Step 5 If not application will be
rejected.
Pre grant opposition

After publication -
before the grant
Made to the Controller
Can be made by any
person
Patent Application Process

Step 6

Patent is granted if
the objections and
oppositions are met
according to section
43.

Post -
Grant
Post Grant Opposition
After the grant - within 1
year of the grant
Opposition written to
Controller- He constitutes
Opposition Board.
'Any interested person'

Grounds
Same grounds for pre and
post grant
Wrongfully obtained
Prior art
Prior claimed
Obvious and lacks
inventive step
Section 3
Traditional
Knowledge etc

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