What are the steps involved in patent registration in India and timelines associated with it?
Answered on December 09,2017
Following are the steps involved in patent registration in India:
1. Filing of the patent application is the first step of the patent registration.
2. Patent office then publishes the complete patent specification ordinarily after eighteen months from the priority date. Optionally a request for early publication can be made whereby publication happens ordinarily within one month of such request.
3. The next step in the process is examination by the patent office. Unlike publication, examination of the patent application is not automatic and request has to be filed within 48 months from earlier of date of priority and filing of the application.
4. Once request for examination has been made, patent office issues examination report to the applicant. Examination of the application is done based on the date of filing of the request for the examination i.e. earlier the request made for the examination, earlier is the report issued.
5. After the issuance of first examination report, application is to be put in condition of allowance within 12 months by waiving the objection and complying with requirements, if any.
6. After considering replies to the first or subsequent examination reports and hearing notices if any, controller grants or rejects the patent application.
7. In India, patent application can be opposed before and after grant of the patent. Patent can also be revoked under some circumstances. After grant of the patent, renewal fees have to be paid to keep the patent in force.
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