Tuesday, July 19, 2011

Patent procedure in India

Patent prosecution in India includes the following stages:
1. Filing of patent application;
2. Publication of patent application on request or after 18 months from date of filing or priority whichever earlier, subject to filing of duly stamped power of authority, abstract as per Indian patent law & practice and specification in English or Hindi language;
3. Filing of request for Examination within 48 months from date of application or priority whichever is earlier;
4. Issuance if First Examination Report (FER) containing all the objections to grant of patent for complying within 12 months from date of issuance of same;
5. Responding to FER and compliance within 12 months within 12 months of FER;
6. Issuance of any further Examination report/s till all objections are complied as per satisfaction of the Examiner;
7. Responding to further Examination reports till all objections are complied or objections are contested within 12 months from date of issuance of FER;
8. Interviewing the Examiner or attending discussion;
9. Hearing with Controller, if requested within prescribed time and objections are contested and Examiner is not satisfied even after interviewing or discussion;
10. Acceptance of patent application on or before final date of acceptance i.e. 12 months from date of issuance of FER;
11. Grant of Letter Patent Document by Patent office;

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