Patenting Filing
Patent filing in India involves several steps, and it’s essential to follow the procedures to ensure your application is processed correctly. Here’s an overview:
Patentability Check
Ensure your invention is novel, non-obvious, and has industrial applicability
Drafting Patent Application
–Provisional Application: A provisional application can be filed to secure a priority date, giving you 12 months to file a complete specification.
–Complete Specification: This includes detailed descriptions, claims, drawings, and an abstract of the invention.
Filing of Application
File your patent application online or in person at the Indian Patent Office (IPO). The application can be filed in one of the four patent offices in India (Kolkata, Mumbai, Chennai, or Delhi).
Publication of Patent
The application is published 18 months after filing. Early publication can be requested for faster processing.
Examination Request
A request for examination must be filed within 48 months of the filing date. The IPO will then examine the application for compliance with the legal requirements.
FER Generated
The IPO issues an FER detailing any objections. The applicant must respond to these within six months.
Hearing
The applicant/appointed attorney attends a hearing with the patent examiner and submits amendments/arguments for the patent application.
Grant of Patent
If the IPO is satisfied with the responses, the patent is granted and published in the patent journal.
Opposition
There is a provision for pre-grant and post-grant opposition by third parties.
Renewal/Maintenance of Patent
After the patent is granted, renewal fees must be paid annually to keep the patent in force.
Enforcement
The patent holder has the exclusive right to prevent others from making, using, selling, or importing the patented invention.
Filing a patent in India demands careful preparation and strict adherence to deadlines. Trust us with your invention—hire us as your patent attorney.