Patent Filing Procedure In India

PRESENTED BY: NADEESH GUPTA 1221230 LOS IJK

Who Can Apply and Where to Apply

Either Alone or Jointly

True and First Inventor True and First Inventors Assignee

Legal Representative of Deceased True and First Inventor or his/her Assignee.

Source: http://ipindia.nic.in/ipr/patent/patents.htm

Application procedure
Step 1: filling of form 1 along with provisional/complete specification with the prescribed fee Step 2: form 2 needs to be completed and submitted along with the required documents, descriptions and declarations Step 3: sending/leaving the document to the office of the controller (can be done either manually or by post) Step 4: initial processing of documents
Involves allotting application number and date to all applications
All the applications are screened, digitized, verified and then uploaded on to the

internal server

Application procedure (cont.)

Step 5: scrutiny of application

Here the office checks whether all the documents have been filed as per the standards checks for signatures, relevance and presence of all documents

Step 6: Check for special cases

Secrecy directions Inventions relating to atomic energy

Step 7: publication of application

Done within 18 months of applying or 1 month of prioritizing
In case of secrecy directions need to wait till it is revoked

Step 8: grant of patent (in case of no revocation)

Added services
Ability to get an early publication by paying the prescribed fee Withdrawal of application
To be done within 15 months of applying or before publication

Provision for divisional application

Patent of addition Convention and international patents (Patent Cooperation treaty) E-filing of application Renewal of patents

Contesting an application
An application is examined only when an application is filed for it The examination can be done based on:
If idea is based on previous claim or publication Invention is not novel (new) Does not hold any industrial application Inventive steps Invention is not patentable

An invention that claims to do something that contradicts the established laws Which would cause serious harm to human, animal or plant life Discovery of a principle, living or non living substance already existing in nature Discovery of a new substance property that does not enhance the known efficacy of that substance Any process for the medicinal, surgical, curative, prophylactic, diagnostic, therapeutic or other treatment of human beings or any process for a similar treatment of animals Method of agriculture and horticulture

Examination procedure
The person opposing the grant of patent needs to file notice of opposition by paying prescribed fee within 12 months of patent grant date The evidence related to the opposition needs to be sent to the office and also the patentee The patentee has a time of 2 months to reply back with their response and evidence

The opposing party then has 1 month to submit their claims and evidence
If the matter is not sorted out yet an opposition board (3 members) is set up who decide upon the matter after observing all the evidence

They submit their verdict within 3 months of receiving all the documents
Based on outcomes of hearing and recommendation of the opposition board decision upon the patent is taken There is also a provision for filing a pre grant opposition

Fee structure
Ratio of Fees 1:4 (Natural Person : Other than Natural Person) A few examples : person Natural Other

Patent Application- Form 1 & 2

Request for early publication (optional) Request for Examination Maintenance Fee (each year) 3rd to 6th years 7th to 10th years 11th to 15th years 16th to 20th years

Rs.1000
Rs.2500 Rs.2500 Rs.500 Rs.1500 Rs.3000 Rs.5000

Rs.4000
Rs.10000 Rs.10000 Rs.2000 Rs.6000 Rs.12000 Rs.20000

Source: http://ipindia.nic.in/ipr/patent/patents.htm

Thank you