Publication of patent application at indian patent office

Publication of

application Section 11(A), Rule 24

Indian Patent OfficeSagar N Patil

[email protected]

Plan and Introduction

• PLAN– Flow chart – Detail study– Quick look

• INTRODUCTION– It can also be said as pre-

grant prosecution

– From publication , application becomes prior-art

Steps for prosecuting patent application in India

File an application for a patent accompanied with provisional or complete specification

Within 1 year from the date of filing an application accompanied with provisional specification, the complete specification must be filed

Publication of the application by the patent office after the expiry of 18 months from the date of filing

Patent ceases to have an effect if a renewal fee is not paid

Request for examination (RFE)

Controller forwards the application, specification and other documents to the examiner

Examiner submits his report on patentability and submits it to the controller

Controller forwards the list of objections to the applicant

Applicant amends the application in compliance with Controllers objections

Patent granted

Applicant pays renewal fees to keep the patents in force

If no objections

Request for early publication may be filed

Filing

examination

Section 143

Rule 26

Rule 24

Rule 11

PUBLICATION(u/s 11A)

18 months

Numbering of Application (R.11)

Screening of Applications ( for – IPC , technology , S. 3 and 4)

Publication of Applications (u/s 11 unless – S.35 , S.9(1), S.11(A)

Particulars of Publication (u/s 11(A) letter “A” designated , ………..

Early Publication (Form 9 , before expiry of 18 month , fees)

Effect of publication (deposition of biological

material to public , application made available

to public , privileges and rights to applicant , rights

of for mail box application)

1

2

3

Pre-grant opposition (u/s 25(1)

4

Rule 24 :Publication of application

The period for which an application for patent shall not ordinarily be open to public

under sub-section (1) of section 11A shall be eighteen months from the date of filing of application or the date of priority of the application, whichever is earlier.

Provided that the period within which the Controller shall publish the

application in the Journal shall ordinarily be one month from the date of expiry of said period, or one month from the date of request for publication under rule 24A.

Section 143

Rule 11

Rule 26

Rule

24

u/s 11(A)2 – Form 9

Rule 26. Request for withdrawal

A request for withdrawing the application under sub-section (4) of section 11B shall be made in writing.

Section 143

Rule 11

Rule 26

Rule 24

Rule 11.Order of recording applications

• The applications filed in a year shall constitute a series identified by the year of such filing. In case of an application filed corresponding to an international application in which India is designated, such application shall constitute a series distinct from the rest of the applications identified by the year of filing of corresponding applications in India

Section 143

Rule 11

Rule 26

Rule 24

Section 143.Restrictions upon publication of specification

Subject to the provisions of Chapter VII, an application for a patent, and any specification filed in pursuance thereof, shall not, except with the consent of the applicant, be published by the Controller before the expiration of the period prescribed under sub-section (1) of section 11A or before the same is open to public inspection in pursuance of sub-section (3) of section 11A or section 43.

Section 143

Rule 11

Rule 26

Rule 24

18 months time bar

• u/s 35• u/s 9(1)

• withdrawal • Not been refused by the controller

• Not in contravention with any act

Filing

examination

Section 143

Rule 26

Rule 24

Rule 11

PUBLICATION(u/s 11A)

18 months

Numbering of Application (R.11)

Screening of Applications ( for – IPC , technology , S. 3 and 4)

Publication of Applications (u/s 11 unless – S.35 , S.9(1), S.11(A)

Particulars of Publication (u/s 11(A) letter “A” designated , ………..

Early Publication (Form 9 , before expiry of 18 month , fees)

Effect of publication (deposition of biological

material to public , application made available

to public , privileges and rights to applicant , rights

of for mail box application)

1

2

3

Pre-grant opposition (u/s 25(1)

4

• 18 months period

• Request for publication (early publication) (Rule 24A)

• Shall include particulars…….

• Shall have privilege and rights (but can enforce from grant of patent)• Upon publication

– Depository institution make biological material available to public– Public availability of application

• Shall be published except

– u/s 35 (secrecy directions)– u/s 9(1) (abandonment)– Rule 26 (withdrawal)

Publication of Application (u/s 11A)

Form 9

Fees (2500/10000 INR)

Within 1 month from date of filing

Early Publication u/s 11(A)(2) , Rule 24(A)

All the applications will be screened and have International Patent Classification to categorize the invention to the respective field of technology. Simultaneously, the applications are screened to find whether the invention is relevant for defence and atomic energy purpose so that the necessary procedure can be initiated.

Screening of Applications

• a) Patent applications are published in the Patent Office Journal under section 11A(2) of the Patents (Amendment) Act 2005 and rule 24A of the Patents (Amendment) Rules, 2006.

• b) The publication U/S 11A will be identified by the

letter “A” along with the Number of Application

• c) Publication of patent application includes

information on the following parameters as may be applicable to a particular case

(a) Number of application (b) Date of filing of application (c) Title of invention (d) Publication date (e) International Patent Classification (f) Name and address of the applicant (g) Name of the inventor(s) (h) Priority details like document number, date, country, PCT

application number and date, etc (i) Patent of Addition to / Divisional Application to: along

with filing date of the parent application / (j) Abstract of the Invention including drawing (if any)

Particular of publication

AT PUBLICATION

BEFORE PUBLICATION AFTER PUBLICATION

Filing application0th month 18th month

Withdrawal of application (Rule 26)

Request for early publication {Rule 24(A), Form 9 , Fees,u/s 11(A)(2)

Rule 24- Publication of application

u/s 11(A) publication

Rule 25- identification of published documents

Rule 11- Order of Recording aaplication

u/s 25(1) pre-grant opposition

Withdrawal of application (Rule 26)

(Rule 27) Inspection and supply of published documents at IPO office , can bedone by paying fees at office

THANK YOU

Sagar N [email protected]

Publication of patent application at indian patent office

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