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Patents

1. Proceeding Procedure, and the Time Frame

After filing the application, the Patent Office issues an official receipt with the filing date and application number.  The application is published after 18 months counted from the filing date or from the earliest priority date if the priority is claimed.

The next procedural step is filing of the request for examination. The application is not examined by the Patent Office until the request is submitted. The Request for examination is filed within 48 months which is counted from the filing date or from the earliest priority date if priority is claimed. The Patent Office communicates the Examination Report to the applicant and a response is required to be submitted within 6 months from the date of issuance of the examination report which can be extended by three months on filing a request before the expiry of six months. If no response is filed within the stipulated time period the application will be deemed as abandoned.

If the application for patent is found in order for grant the application is granted. The granted patent is published in the Official Journal and a Letter Patent is issued. The patent is granted for 20 years in India. The accumulated renewal fee is paid once and later it is payable every year to keep the patent in force.

2. Requirements for Filing Patent Application at Indian Patent Office

There are few basic requirements before filing any patent application in India

1. CONVENTION APPLICATION
   
   1. Name, Address and Nationality of applicant(s)
      
   2. Name, Address and Nationality of inventor(s)
      
   3. Complete Specification
      
      1. Description
         
      2. Claims
         
      3. Abstract
         
      4. Drawings, (if any)
         
   4. Priority claim details (Priority date, Country and Application number)
      
   5. Certified copy of priority document (if not filed at International Bureau)
      
   6. Verified English translation of priority document (may submit later)
      
   7. Details of all same or substantially same invention (if any), including application number, date of filing and current status of the Patent Application.
2. PCT NATIONAL PHASE APPLICATION IN INDIA
   
   1. Name, Address and Nationality of applicant(s)
      
   2. Name, Address and Nationality of inventor(s)
      
   3. Complete Specification
      
      1. Description
         
      2. Claims
         
      3. Abstract
         
      4. Drawings, (if any)
         
   4. PCT Application Details (which shall include International Application Number & Date)
      
   5. Details of Priority application (if applicable)
      
      1. Priority date, Country and Application number
         
      2. Certified copy of priority document (if not filed at International Bureau)
         
      3. Verified English translation of priority document (can be filed later)
         
   6. Details of all same or substantially same invention, including application number, date of filing and current status of the Patent Application
      
   7. Other Documents (if applicable)
      
      1. Particulars of Amendments made to specification/claims during the International Filing at WIPO (Verified English translation)
         
      2. Corrections or changes made at the time of International filing at WIPO (Form PCT/IB/306)
         

*If the PCT application is in a language other than English, a verified English translation of the PCT specification is required.

3. Detailed information on the Formal Documents

1] Proof of Right: We shall require to submit a proof of right document to establish the applicant’s right to file the application in India. Any of the following documents can be submitted as proof of right:

1. A duly executed assignment (in original) or a Notarized/certified copy of the recorded worldwide assignment evidencing transfer of rights from inventors to the applicant;
   
2. A duly executed Application Form 1 (in original) from the inventors;
   

2] Power of Authority: A duly executed power of authority (in original). The power of authority should be executed by the authorized representative of the applicant company. No legalization/Notarization is required.

3] Priority Document and English translation thereof: Certified copy of the priority document and English translation thereof (if priority claimed). If the Priority document and English translation thereof is not submitted at the time of filing, the Indian Patent Office will invite the applicant to file the priority document and English translation thereof within three months from the date of issuance of the official invitation. The claim to the priority shall be disregarded, if the certified copy of the priority document and English translation thereof is not submitted within three months.

4] Section 8(1) Details : Section 8(1) of the Indian Patent Act require that the applicant need to submit the information in writing to the Controller, in respect of every other application relating to the same or substantially the same invention, if any, filed in any country outside India. We shall require the Section 8 (1) details in the below format.

5] Section 8(2) Details : After an application for patent is filed and till its grant, the Controller may require the applicant to furnish the details and documents related to the corresponding applications such as office actions, allowance, opposition, refusal, search and examination reports, cited documents etc within such period as may be prescribed by him.

PROCEDURAL STEPS AT THE INDIAN PATENT OFFICE (IPO)

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