Indian Patent ProcessIndian Patent Process

By By

Adithi Varna Adithi Varna

Filing Requirements Filing Requirements

Place of applicationPlace of application

Persons entitled to apply Persons entitled to apply

Type of specifications (provisional or Type of specifications (provisional or

complete)complete)

Types of applicationTypes of application

Priority datePriority date

Various Types of Application in Various Types of Application in India India

Ordinary applicationOrdinary application

Convention applicationConvention application

PCT international applicationPCT international application

PCT National phase applicationPCT National phase application

Application for Patent of additionApplication for Patent of addition

Divisional ApplicationDivisional Application

Documents to be submitted at the Documents to be submitted at the time of filingtime of filing

Form 1Form 1 - Application for the grant of patent. - Application for the grant of patent.

Form 2Form 2 - Provisional or Complete Specification. - Provisional or Complete Specification.

Form 3Form 3 - Statement and undertaking by the applicant. - Statement and undertaking by the applicant.

Form 5Form 5 - Declaration as to inventorship. - Declaration as to inventorship.

Form 26Form 26 - Authorization of patent agent or any other - Authorization of patent agent or any other person. (if filed through an agent)person. (if filed through an agent)

Priority document details have to be filed for a Convention Priority document details have to be filed for a Convention application.application.

Proof of right if the application is made by the assignee.Proof of right if the application is made by the assignee.

Statement and undertaking by the Statement and undertaking by the applicantapplicant

Periodic intimation to patent office about Periodic intimation to patent office about Status of substantially same Status of substantially same application/Invention filed outside India application/Invention filed outside India

Submission of any examination Submission of any examination reports/search reports issued in any reports/search reports issued in any country outside Indiacountry outside India

PublicationPublication

Date of publicationDate of publication

Open for public inspectionOpen for public inspection

Rights of patentee startRights of patentee start

Early publicationEarly publication Rights start earlyRights start early

Examination Examination

Request for examinationRequest for examination

Formal examinationFormal examination verifying the propriety and correctness of all verifying the propriety and correctness of all

documentsdocuments verifying the patentabilityverifying the patentability

First Examination Report (FER)First Examination Report (FER)

AmendmentsAmendments

GrantGrant

Order for grantOrder for grant

GrantGrant

Publication of grant Publication of grant

Rights of patentees can be enforcedRights of patentees can be enforced

Renewal fee Payment for the period of 20 Renewal fee Payment for the period of 20

years to keep the patent in forceyears to keep the patent in force

Working Of Patents Working Of Patents

Information regarding Information regarding quantum/Value/importation/Licenses and sub- quantum/Value/importation/Licenses and sub- licenses of Patented Invention commercially licenses of Patented Invention commercially worked in India worked in India

Periodic Information to Submitted by Periodic Information to Submitted by Patentee/LicenseePatentee/Licensee

Principle of Working of Patents Principle of Working of Patents

Opposition Opposition

Pre-grantPre-grant

Before grantBefore grant

Post-grantPost-grant

1 year from grant1 year from grant

Portfolio Management ServicesPortfolio Management Services

Web based portfolio management solutionWeb based portfolio management solution

Brain League’s Proprietary Software Brain League’s Proprietary Software

Manages Intellectual Property applications Manages Intellectual Property applications

Initial Filing to Grant & Post Grant Maintenance.Initial Filing to Grant & Post Grant Maintenance.

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