Frequently Asked Questions - India Patent Filing Registration

Blog Articles

Category 1: Idea to Potential Invention (Idea Screening through Patentability Check) – 4 Articles

Category 2: Patent Requirements and Fundamentals- 14 Articles

Category 3: Patent Drafting or Claim Writing – 9 Articles

Category 4: Provisional Patent Filing/Registration – 1 Article

Filing Provisional Patent Application in India – Checklist

Category 5: Non-Provisional/ Complete Patent Filing – 16 Articles

Category 6: Filing National Phase Application in India – 4 Articles

Category 7: Patent Filing Outside India – 19 Articles

Category 8: Fees/Cost for Patent Filing/Registration – 6 Articles

Category 9: Patent Examination – India – 1 Article

Patent Examination in India: A Quick Guide

Category 10: Patent Prosecution – India – 7 Articles

Category 11: Patent Licensing/Monetization – 3 Articles

Category 12: Top IPR Challenges/Issues – 5 Articles

Category 13: Government Schemes for Patent Filing/Startup Schemes – 7 Articles

Category 14: Patent Invalidity and Patent Grant Opposition – 3 Articles

Category 15: Benefits of Patent Filing in India – 7 Articles

Category 16: Frequent Questions of Patent Industry – 9 Articles

About Our Services

How experienced is YPT Team?

YPT is a Team of 125+ technology/industry experts who speak inventor`s language and having deep understanding of Indian and Global patent laws.

What benefits will I be getting partnering with YPT?

YPT utilizes its knowledge of both patent prosecution process and patent enforcement to draft applications that are enforceable (even 20 years from now) yet sail through the prosecution saving you lot of money.

What industry verticals have you served?

YPT has unique understanding of global and industry wide IP best practices as it has supported 1,000+ clients from 45+ countries in multiple technology areas ranging from complex subject matters in life sciences/engineering/ICT to simple household inventions.

How comfortable is YPT with Indian patent offices?

YPT has in-depth understanding of working style of each of the four patent offices in India and also of their staff members.

How accurate will be your approach?

YPT has a good network within Indian Patent Office for expedited and accurate information.

More about Patents in India

What types of industrial property rights exist in India?

India has a variety of types of industrial property rights. Also, these include patents, patents of addition, designs and trade marks. Therefore, you can simply file applications for all of these with the Indian Patent Office.

Below, you will find simple definitions of the most common variety of types of industrial property rights.

Patents: They’re a government authority or licence conferring a right or title for a set period. It gives the sole right to exclude others from making, using, or selling an invention.

Trademark: A symbol, word, or words legally registered or established by use as representing a company or product.

Industrial Design: The art or process of designing manufactured products.

What is the time limit for responding to office actions in India?

Can I submit third-party observations on an Indian patent application?

How can I challenge a granted patent in India?

Also, do make sure that you check out this free e-book: A Quick Guide to Patents. Basically, it deals with basics of patent procedures.

A Quick Guide to Patents

Here you can Download our FREE Help Guides:

What are patents of addition in India?

Patents of addition in India relate to improvements in or modifications to patented inventions. A patent of addition cannot be granted before the main patent is granted. If the main patent is revoked, the patentee may request the conversion of the patent of addition into an independent patent. Patents of addition have the same term as patents for the main invention.

However, you must realize that the patent of addition will expire along with your main patent. In case you file patents of addition in India after, let’s say, 2 years of the grant of the main patent. Then, your patent of addition will expire once the main patent expires, i.e. in 18 years.

What is the time limit for responding to office actions in India?

Can I submit third-party observations on an Indian patent application?

How can I challenge a granted patent in India?

Also, do make sure that you check out this free e-book: A Quick Guide to Patents. Basically, it deals with basics of patent procedures.

A Quick Guide to Patents

Here you can Download our FREE Help Guides:

How long is the term of protection of Indian patents?

The term of protection of an Indian patents is 20 years from the date of filing of the application. Of course, this is subject to the payment of annual fees. The 20-year term was introduced by the Patents (Amendment) Act 2002. It also applies to all granted patents whose term had not expired on 20 May 2003. Under the previous law the term was 14 years from the date of filing.

The term of protection of Indian patents is now streamlined with most patent terms across the world. That is to say, most countries offer patent protection for 20 years. Now, so does India.

What is the time limit for responding to office actions in India?

Can I submit third-party observations on an Indian patent application?

How can I challenge a granted patent in India?

Also, do make sure that you check out this free e-book: A Quick Guide to Patents. Basically, it deals with basics of patent procedures.

A Quick Guide to Patents

Here you can Download our FREE Help Guides:

What are the inventions that cannot be patented in India?

The inventions that cannot be patented in India are categorized as non-patentable subject matter. You can check Chapter II, Section 3 of the Indian Patents Act. Basically, it will tell you which inventions under the law are not patentable. These include:

inventions being frivolous or contrary to public order, morality, public health, the environment, etc.
scientific discoveries
mere discoveries of new forms of known substances
methods of agriculture or horticulture
diagnostic, therapeutic and surgical methods for the treatment of humans or animals
plants and animals other than micro-organisms
mathematical or business methods or computer programs per se or algorithms
literary, dramatic, musical or artistic work or any other aesthetic creation
schemes, rules or methods of performing mental acts or methods of playing games
presentations of information
topography of integrated circuits
traditional knowledge

Also, Inventions relating to atomic energy are not patentable either. This is the list of inventions that cannot be patented in India.

What is the time limit for responding to office actions in India?

Also, do make sure that you check out this free e-book: A Quick Guide to Patents. Basically, it deals with basics of patent procedures.

A Quick Guide to Patents

Here you can Download our FREE Help Guides:

Can you patent a computer software in India?

No, you cannot patent a computer software in India. Section 3(k) of the Indian Patents Act doesn’t consider computer programs as a part of the patentable subject-matter. But, they may be protected under copyright law. An invention containing a computer program may be patentable if an essential part of the invention claimed is subject-matter other than a computer program and if this subject-matter is sufficiently disclosed in the specification.

So, while you cannot patent a computer software in India, you can still secure patent protection for it. All you need to do is present it along with a physical representation such a computer program which can clearly work on a computer.

What is the time limit for responding to office actions in India?

Can I submit third-party observations on an Indian patent application?

How can I challenge a granted patent in India?

Also, do make sure that you check out this free e-book: A Quick Guide to Patents. Basically, it deals with basics of patent procedures.

A Quick Guide to Patents

Here you can Download our FREE Help Guides:

Is India a member of the Patent Cooperation Treaty (PCT)?

Yes, India has been a member of the Patent Cooperation Treaty (PCT) since 7 December 1998. You can check out the PCT contracting states here. Since then it has been possible to designate India in international patent applications filed via the PCT route.

The PCT route is a convenient method of filing a patent in multiple countries at the same time. The PCT is an international treaty with 153 Contracting States, administered by World Intellectual Property Organisation (WIPO). It helps to seek patent protection for an invention simultaneously in a large number of countries. This avoids the hassle of having to file multiple applications. Since India is a member of the Patent Cooperation Treaty, it will accept PCT applications.

What is the effect of an International Patent Application in India and abroad?

Where can I file an international patent application in India?

What is the PCT Route in India?

Also, do make sure that you check out this free e-book: A Quick Guide to Patents. Basically, it deals with basics of patent procedures.

A Quick Guide to Patents

Here you can Download our FREE Help Guides:

As a foreign applicant, do I need to appoint a professional representative in India?

If you are not an Indian native or you don’t have an address of business in India, you must appoint a professional representative in India. The law does not say that you have to. However, if you reside abroad, you must furnish an address for service in India which will be used for all communications from the Indian Patent Office.

Hence, by appointing a patent agent you will appoint a professional representative in India. The address of the authorised patent agent, for example, could serve as an address for service.

For more information, check out the Manual of Patent Office Practice and Procedure (Chapter 3).

Which of India’s filing offices should I file my patent application with?

Can I submit third-party observations on an Indian patent application?

What do I need to do to get an early filing date in India?

Also, do make sure that you check out this free e-book: A Quick Guide to Patents. Basically, it deals with basics of patent procedures.

A Quick Guide to Patents

Here you can Download our FREE Help Guides:

Which of India’s filing offices should I file my patent application with?

India’s filing offices are 4 in total, namely Kolkata, New Delhi, Mumbai and Chennai. However, each has a separate territorial jurisdiction. Where you file your application depends on a number of factors such as:

Your residence.
Location of business.
Where the invention actually originated.

For foreign applicants without a place of business or address in India, the territorial jurisdiction is defined by the address or place of business of their patent agent. It is of utmost importance that you know which of India’s filing offices apply to you. You won’t be allowed to file your application with a patent office outside of your jurisdiction.

What is the time limit for responding to office actions in India?

Can I submit third-party observations on an Indian patent application?

What do I need to do to get an early filing date in India?

Also, do make sure that you check out this free e-book: A Quick Guide to Patents. Basically, it deals with basics of patent procedures.

A Quick Guide to Patents

Here you can Download our FREE Help Guides:

What are the official filing languages in India?

The official filing languages in India are English and Hindi. If you are filing a patent application with the IPO, you can file the application in either of the two languages. However, in the case of Patent Cooperation Treaty (PCT), you can file the application in English or any language that ISA accepts. However, even if the ISA accepts the filing, the language may not be fit for publication. Hence, if your language is different than the publication language, you must submit a translation of the application. These languages are Arabic, Chinese, English, French, German, Japanese, Korean, Portuguese, Russian or Spanish.

As far as the official filing languages in India go, Hindi and English will work.

What is the time limit for responding to office actions in India?

Can I submit third-party observations on an Indian patent application?

What do I need to do to get an early filing date in India?

Also, do make sure that you check out this free e-book: A Quick Guide to Patents. Basically, it deals with basics of patent procedures.

A Quick Guide to Patents

Here you can Download our FREE Help Guides:

Can I claim priority for an application in India?

Yes, you can claim priority for an application in India. However, you must submit a certified copy of the priority document within three months of the date of filing of the application. The priority period is 12 months from the earliest priority claimed. It is possible to claim multiple priorities. Domestic priority (based on a previously filed application in India) is also available.

In order to claim priority for an application in India, you must clearly follow certain rules. Your priority document must clearly mention the application reference number of the previous application. Hence, this will ensure that your application gets the priority date.

What is the time limit for responding to office actions in India?

Can I submit third-party observations on an Indian patent application?

What do I need to do to get an early filing date in India?

Also, do make sure that you check out this free e-book: A Quick Guide to Patents. Basically, it deals with basics of patent procedures.

A Quick Guide to Patents

Here you can Download our FREE Help Guides:

What do I need to do to get an early filing date in India?

Yes, it is possible to get an early filing date in India by filing a provisional specification. However, this is applicable for non-convention applications only. Also, you must follow it up with a complete specification within 12 months of filing. Provisional specifications cannot be filed for divisional, Convention or PCT national phase applications.

While filing the Complete specification, make sure to clearly specify the application number of the provisional application. With this reference, your complete application will receive an early filing date in India. Basically, your application will have the filing date of the provisional application.

What is the time limit for responding to office actions in India?

Can I submit third-party observations on an Indian patent application?

How can I challenge a granted patent in India?

Also, do make sure that you check out this free e-book: A Quick Guide to Patents. Basically, it deals with basics of patent procedures.

A Quick Guide to Patents

Here you can Download our FREE Help Guides:

Can you file a divisional application in India?

Yes, applicants may file one or more divisional application in India at any time prior to the grant of a patent.

Section 10 of the Indian Patents Act provides for the “Contents of a complete specification of a Patent Application. While in sub-Section 5, it specifically provides the extent to “what can be claimed” as distinguished from “what is disclosed in the specification. Thus, although the complete specification discloses matter which relates to more than one invention or inventive concept, the claims of the complete specification can relate only to a single invention or to a group of inventions linked so as to form a single inventive concept.

The Indian Patent Act, however, provides a remedy for a situation where the complete specification discloses and claims more than one invention or more than one group of inventions where each group is not linked by a single inventive concept. The remedy involves filing a divisional patent application.

Section 16 of the Indian Patent Act Provides for the filing of a divisional application in India.

Here you can Download our FREE Help Guides:

What is a provisional specification in India?

One can use provisional specification in India to secure a priority date for an application. They describe the nature of the invention without claims, and should contain the title and description of the invention. One needs to submit a full specification, including claims and an abstract within 12 months of the provisional filing.

On filing of the Provisional Specification in India the inventor gets an opportunity for an earlier filing date. This is key as it secures the priority date for the applicant. The benefits of this are numerous

The fact that similar inventions which are filed after the filing date of the provisional cannot become prior art for the applicants invention.
If any dispute regarding the ownership of the invention arises, the Patent Office will accept the provisional patent’s earlier filing date as the date of filing
The upfront cost of a Provisional Patent Specification is much lower than that of a complete patent application. Hence, it saves thousands of rupees for the inventor in terms of professional fees.
Also, as it is technically more lucid (does not contain claims, prior art search and exhaustive and detailed drawings) as compared to the Complete Specification it costs less money and resources to prepare. Also, the inventor himself can prepare a Provisional Patent Specification.

Here you can Download our FREE Help Guides:

Are Indian patents subject to substantive examination?

Yes, Indian patents are subject to substantive examination. Substantive examination is carried out on request (by the applicant or an interested party). That is, to determine if the invention meets the patentability requirements (novelty, inventive step and industrial applicability). You need to submit Form 18 in order to make the request. Basically, once you submit the request for examination, your application will be lined up for the exam. Eventually, it will land on the desk of an examiner who is experienced in the field of the invention. As mentioned, all Indian patents subject to substantive examination, and the examiner shall examine your application on its merits.

Within 6 months, the IPO will send its First Office Action to you in the form of First Examination Report (FER).

What is the time limit for responding to office actions in India?

Can I submit third-party observations on an Indian patent application?How can I challenge a granted patent in India?

Also, do make sure that you check out this free e-book: A Quick Guide to Patents. Basically, it deals with basics of patent procedures.

A Quick Guide to Patents

Here you can Download our FREE Help Guides:

How soon is the request for examination takes place after filing an application in India?

You must submit this request for examination within 48 months of the date of priority or the date of filing of the application. If you do not file a request for examination within the prescribed time limit, the application may be withdrawn.

This is one of the most important part of the whole process of patent registration. After the application is published, it goes to the patent examiner for the examination of the application. The examiner compares the details of the invention to the prior art. The examiner asks to amend the application if any obligation is present in the application. The application moves ahead by issuing out a letter to the applicant citing the requirements. The application won’t move further if the applicant is unable to satisfy the required examiner’s objection. On the contrary, the patent application moves ahead if the applicant provides acceptable arguments and clears all the objections of the examiner. This is the last step before the grant of patent.

The Examiner can also ask for information concerning the first publication of the invention or the first patent for the invention.

Here you can Download our FREE Help Guides:

Can I request for early publication in India?

Yes, you can request early publication in India. In order to make the request in the first place, you need to use Form 9. Along with this, you must pay the prescribed fee. The IPO will publish the application within one month of the date of the request.

Generally, people go for an early publication in India if they are ready to go ahead and disclose their invention to the public. Basically, they feel confident about their invention, and want to get a patent grant for it before anyone else. Early publication gives you the advantage if you are in a race with a competitor to secure patent rights for an innovation.

What is the time limit for responding to office actions in India?

Can I submit third-party observations on an Indian patent application?How can I challenge a granted patent in India?

Also, do make sure that you check out this free e-book: A Quick Guide to Patents. Basically, it deals with basics of patent procedures.

A Quick Guide to Patents

Here you can Download our FREE Help Guides:

Is it possible to withdraw an application before publication in India?

Yes, you can withdraw an application before publication in India. You need make a request for the withdrawal of your application within 15 months of the date of filing or date of priority, whichever is earlier. Then, the application will not be published.

But, you must give it a lot of thought before you decide to withdraw an application before publication in India. The filing process is expensive and stopping your application at a point before publication can lead to a loss. Unless you discover some prior art, in which case, withdrawal is one of the only realistic options.

What is the time limit for responding to office actions in India?

Can I submit third-party observations on an Indian patent application?How can I challenge a granted patent in India?

Also, do make sure that you check out this free e-book: A Quick Guide to Patents. Basically, it deals with basics of patent procedures.

A Quick Guide to Patents

Here you can Download our FREE Help Guides:

Can I submit third-party observations on an Indian patent application?

Yes. Any person submit observations on an Indian patent application to the Controller of the Indian Patent Office. This can be done at any time after the publication of the patent application and before the announcement of the decision to grant. The statement and evidence presented in this “pre-grant opposition” will only be considered if and when a request for examination of the application has been filed.

Along with the opposition proceeding, you should conduct a patent invalidity search as well to reinforce your claim. Check out the MANUAL OF PATENT OFFICE PRACTICE AND PROCEDURE (Chapter 10 and Chapter 11) to see the details of the procedure. This will help you to submit third-party observations on an Indian patent application

What is the time limit for responding to office actions in India?

How can I challenge a granted patent in India?

Also, do make sure that you check out this free e-book: A Quick Guide to Patents. Basically, it deals with basics of patent procedures.

A Quick Guide to Patents

Here you can Download our FREE Help Guides:

When is the first office action usually issued in India?

As on May 2006, the first office action, also called the First Examination Report (FER), is normally issued within six months of the date of the request for examination.

Office Action is a notification to the patent applicant. It points out some or all patent claims that contain issues. It is an official mode of communication between the patent examiner and the patent filer that clearly state areas of improvement, mistakes, or rejection, in the patent application.

Hence, timely communication is key on both the patent office and the patent applicant’s part. The office must issue the FER on time and the applicant must respond to it in time.

What is the time limit for responding to office actions in India?

Is there a grace period for paying annual patent fees in India?

Also, do make sure that you check out this free e-book: A Quick Guide to Patents. Basically, it deals with basics of patent procedures.

A Quick Guide to Patents

Here you can Download our FREE Help Guides:

What is the time limit for responding to office actions in India?

The time limit for responding to office actions is something that you should follow very strictly. The time limit is 6 months. You should comply with all the legal requirements and meet all the objections put forward in the First Examination Report (FER) as soon as possible.

However, you can file for extension of 3 months using Form 4. In conclusion, you have a maximum of 9 months time limit for responding to office actions. If you fail to respond to the FER within 9 months of the date of issue, your application will be deemed to have been abandoned. Hence, be wary of the timeline at all times.

When do I have to pay annual patent fees in India?

Is there a grace period for paying annual patent fees in India?

Also, do make sure that you check out this free e-book: A Quick Guide to Patents. Basically, it deals with basics of patent procedures.

A Quick Guide to Patents

Here you can Download our FREE Help Guides:

When do I have to pay annual patent fees in India?

The annual patent fees in India is due from the second year of the pending application. You have to pay the first annual fee on the second anniversary of the date of filing of the complete specification. If the application is granted more than two years after the date of filing, the accumulated annual fees are payable within three months of the date on which the patent was recorded in the register. Further annual fees are due each year, in advance. India has a two-tier fee system with different fees for individuals and legal entities.

Hence, it is very important to ensure on-time payments of your application’s annual patent fees in India.

Can I request an extension of the patent term in India?

Is there a grace period for paying annual patent fees in India?

Also, do make sure that you check out this free e-book: A Quick Guide to Patents. Basically, it deals with basics of patent procedures.

A Quick Guide to Patents

Here you can Download our FREE Help Guides:

Is there a grace period for paying annual patent fees in India?

Yes, there is a grace period for paying annual patent fees in India. Also, you can extend the time limit for the payment of annual fees by up to a maximum of six months. You can obtain this extension obtained on request, upon payment of a fee for each month of extension. You need to make the request with the IPO.

This will cost you more because of the additional fee that you will have to pay. But, it’ll give you time to arrange funds in case you have any form of economical problems. Hence, it is crucial to utilise this grace period for paying annual patent fees in India.

Can I request an extension of the patent term in India?

Where can I search Patent information in India?

Also, do make sure that you check out this free e-book: A Quick Guide to Patents. Basically, it deals with basics of patent procedures.

A Quick Guide to Patents

Here you can Download our FREE Help Guides:

Can you restore a lapsed patent in India?

If you wish to restore a lapsed patent in India, you can do so ONLY under certain circumstances. A patent lapses primarily for 1 reason, failure of annual fee payment.

That is, in case the failure to pay the annual fee was unintentional, patent holders can file a request for restoration of a patent within 18 months of the lapse date. The failure to pay MUST be unintentional and you must produce proof as well to support your case. However, this is subject to the payment of an additional fee.

Ideally, it is advisable that you make your payments on time to avoid the lapse. But, in an unavoidable situation, you can restore a lapsed patent in India.

Can I request an extension of the patent term in India?

Where can I search Patent information in India?

Also, do make sure that you check out this free e-book: A Quick Guide to Patents. Basically, it deals with basics of patent procedures.

A Quick Guide to Patents

Here you can Download our FREE Help Guides:

Can I request an extension of the patent term in India?

No, currently there is no provision for extension of the patent term in India. This is because India is a developing country. Despite good signs of consistent growth, it has 22% of its population living below the poverty line. Hence, India’s government policies naturally tend to orient towards the poor.

India’s IP Policy is no different. Through the non-extension rule, the government allows the vast majorities relatively easy access to innovations and technologies. A huge area of impact is the medicine domain. Indian government wants to ensure that the poor have access to medicines at economical prices. Hence, it is crucial to understand the goal behind the absence of patent term extension in India.

What is patentability search? Is it mandatory in India?

Where can I search Patent information in India?

Also, do make sure that you check out this free e-book: A Quick Guide to Patents. Basically, it deals with basics of patent procedures.

A Quick Guide to Patents

Here you can Download our FREE Help Guides:

How can I challenge a granted patent in India?

Since January 2005, India has had a post-grant opposition system to challenge a granted patent in India. Under this, you can oppose a granted patent within 12 months of the announcement of the decision to grant.

Interested parties, or the government, can also file a petition for revocation of a patent at any time during the life of the patent. Such petitions must be lodged with the Intellectual Property Appellate Board (IPAB) or at High Court level.

What is patentability search? Is it mandatory in India?

Where can I search Patent information in India?

Also, do make sure that you check out this free e-book: A Quick Guide to Patents. Basically, it deals with basics of patent procedures.

A Quick Guide to Patents

Here you can Download our FREE Help Guides:

Where can I search Patent information in India?

The Indian Patent Office website provides a free to search patent information in India. You can visit the page “InPASS” (Indian Patent Advanced Search System) through the link.

The system allows full text searches for published patent applications, granted patents and legal status information for Indian patents. It also provides online access to the Patent Office Journal, which is updated weekly on Fridays.

The platform is very elaborate and allows you to search for patents through various options. These options vary according to the information you have before conducting the search. Hence, these options include the following:

Title of invention
Abstract
Specification
Application number
Patent number

Basically, the more you already know about an existing patent or application, the better. But, this doesn’t mean that if you don’t have an idea about existing documents then you won’t be able to find the relevant information.

What is patentability search? Is it mandatory in India?

Also, do make sure that you check out this free e-book: A Quick Guide to Patents. Basically, it deals with basics of patent procedures.

A Quick Guide to Patents

Here you can Download our FREE Help Guides:

Where can I find official information about patent fees in India?

In order to get official information on the patent fees in India, you simply need to visit the IP India Website. Basically, you will find the Indian Patent Office’s current fee schedule under Forms and fees. Nonetheless, below, you will find a table containing the most important fees that are a part of the patent process. Also, you will information about the condition of the fee. That is, if the fee is mandatory or optional.

S. No	Description	Natural Person	Small Entity	Other than Small Entity	Condition
1.	Patent grant application form	1600	4000	8000	Mandatory
2.	Early publication fee	2500	6250	12500	Optional
3.	Patent Application Examination Request	4000	10000	20000	Mandatory
4.	Cost of extra sheets over 30 sheets	160/sheet	400/sheet	800/sheet	Mandatory
5	Cost of extra claims over 10 claims	320/claim	800/claim	1600/claim	Mandatory

What is the effect of an International Patent Application in India and abroad?

Where can I file an international patent application in India?

Also, do make sure that you check out this free e-book: A Quick Guide to Patents. Basically. it deals with basics of patent procedures.

A Quick Guide to Patents

Here you can Download our FREE Help Guides:

Can I access the documents in the file of an Indian patent application?

Yes. Anyone can access the documents in the file of an Indian patent application. But, only after the Indian Patent Office publishes the application. The purpose of the publication is to allow the general public to see the application. Prior to the publication, the contents of every application remain a secret. Once the application is published, it is in the public domain. That way, anyone can challenge the application in case they have to. Earlier, a person had to request the patent office for the documents.

But now, in the age of digitization, you can download the documents in the file from the Indian Patent Office’s free InPASS website. It is economical and saves time.

Where can I find official information about patent fees in India?

What is patentability search? Is it mandatory in India?

Also, do make sure that you check out this free e-book: A Quick Guide to Patents. Basically, it deals with basics of patent procedures.

A Quick Guide to Patents

Here you can Download our FREE Help Guides:

Where can I find information about patent agents in India?

You can find information about patent agents in India in the Electronic list of patent agents on the IP India website. The search page allows you to customize your search depending on your needs. You can search using the following parameters:

Agent Number
Agent Name
State/city of the Agent

You can also see deleted agents as well. Also, you can simply see all the agents by clicking on “Show All Agents”.

Against each patent agent in India’s name, you will see an option for “show details”. By clicking here, you can see the complete details of the agent, such as residence, place of business, qualification, contact number, etc.

Where can I find official information about patent fees in India?

What is patentability search? Is it mandatory in India?

Also, do make sure that you check out this free e-book: A Quick Guide to Patents. It deals with basics of patent procedures.

A Quick Guide to Patents

Here you can Download our FREE Help Guides:

Can we patent a logo in India?

A logo is any design that a person or company uses to promote its business interests. Logos can be images, stylized words, or a combination of these elements. As there is no such term as “patent a logo”, hence, you must file the trademark application with the patent office. There is a common misconception among people that one can patent a logo in India with the patent office. While you can learn how to patent an idea, you cannot patent a logo in India because the term patent describes ownership that protects inventions.

Patent registration protects an invention, idea or process of the applicant. A logo does not fall under any of the categories for which one can file a patent. Hence no such term such as “patent a logo” exists in the intellectual property domain. So, the best way to protect your logo is by filing a trademark registration for it.

Trademark registration is the process that stops others from using your company’s logo for their benefit. The Indian Patent Office considers all new trademark and patent applications. Since you cannot patent a logo, trademark filing can protect your logo which can become your brand’s identity. This body also monitors existing trademarks and patents for infringements.

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When can you use ‘patent applied’ or ‘patented’ in India?

There can be confusion about when to use the phrase ‘patent applied’ and ‘patented’. The whole patent procedure can be very hectic. From the date of filing of patent application to the grant is a long procedure. If you present your invention to someone at a stage where the patent application is yet to receive a grant, then you can use the phrase ‘patent applied’ on it. This acts as a notice that you have filed a patent application for the invention. It serves as a warning to infringers that they might be liable to legal prosecution, charges, etc. in the future once the patent is granted.

The term ‘patented’ can be used on an article or invention or product when it has been granted a patent. This is the clearest notice to everyone that you have secured protection for your invention. Any potential infringements can be liable to serious legal repercussions.

We have years of experience and are well aware of the latest norms, regulations and procedures. Our job is to assist you in every step of the way so that you can secure comprehensive protection for your invention.

Below is a free e-book on a Quick Guide to Patents.

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Provisional Specification and Complete Specification: What is the Difference in India?

There is a vast amount of difference between Provisional Specification and Complete Specification.

A Complete Specification is a regular patent application that the patent office prosecutes, examines and grants. A Complete Specification consists of the total disclosure of the invention along with Claims that define the legal limits of the invention. The disclosure also contains a detail method stating the working procedure of the invention.

A complete specification is sometimes difficult to produce as an invention may still be in its developmental stage. In that scenario, you can provide a Provisional Specification which does not consist of the Claims. However, it comprises of the Novel and inventive features of the invention.

Here are some important points that you should be aware of:

You should file the Complete Specification within 12 months from the date of filing of a Provisional Specification. Otherwise, the patent office will consider your application as ‘abandoned’.
There is no hard and fast rule to apply for a Provisional Specification before filing the complete one. An applicant can directly file a Complete Specification while applying for a patent.
Although a Provisional Specification doesn’t consist of a Claims Section, it still defines the legal state or demarcations of an invention. Hence, you must be careful while drafting a Complete Specification. You must draft the claims within the scope of the Provisional Application. The patent office might reject your application if you introduce new matter.
One or more Provisional Specifications can be combined to form the complete one. In this case the Provisional Specifications needs to be of similar nature or derivatives of similar languages.

You select the Specification using Form 2.

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What are patents? What are their advantages in India?

Patents are a set of rights granted by the government to an inventor for a definite period of time. They are techno-legal documents containing the details of a novel, non-obvious and commercially feasible inventions or products. These exclusive legal rights prohibit third parties from making, using, and selling of products without the patentee’s consent. This also holds true for importing or exporting the patented product from a particular country. If a third party or entity wrongfully uses the rights, then the patentee can sue for patent infringement.

The advantages of patent are as below:

The inventor/ company which get the grant patent for a particular product enjoy a monopoly over that product. Thus, they can keep competitors at bay.
Researchers or inventors can license their patents to other entities which will eventually be monetarily beneficial for them.
An increase in chances of investment.
The status ‘patented’ helps in effective branding.

Our team of expert professionals can help you with drafting and filing a patent application. We have years of experience and are well aware of the latest norms, regulations and procedures. Our job is to assist you in every step of the way so that you can secure comprehensive protection for your invention.

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How can Indians file a patent internationally?

There is no such thing as a ‘global patent’ that is acceptable worldwide. You have to file separately either through the Paris Convention or Patent Co-operation Treaty System. With this, your application will get the acknowledgement of an international patent.

Paris Convention– For all member countries enlisted in the Paris convention, an applicant can file directly in the corresponding country within 12 months from the date of filing that is the Priority Date.

Patent Co-operation Treaty– In this system an applicant can file the patent application in the PCT contracting states within 30-34 months from the Priority Date ( here is an exception to the usual 12 months’ time frame from the Priority Date). You must note that all formal works are done in the form of documentation and simplified logistics. Through the PCT system an applicant can also get to know the International Search Report of his invention. However, an applicant must be aware that the PCT application itself must be filed within 12 months from the Priority Date. Also, know that every Paris Convention country may not be a member of the PCT contracting state. For filing patent applications in those countries; applicant has to take help of the Paris Convention.

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What do you mean by patent paralegal services in India?

Patent Paralegal Services in India are important for any company to analyse and draft the legal documents and ensure proper coordination. Basically, these services are important to keep watch on the IP activity of their competitor. Patent paralegal services in India includes preparation of documentation and ensures one of getting patent docketing. Patent Paralegal Services also help one in patent proofreading and PTA calculations. It is essential to monitor the patent application and keep all the updates about the field of invention.

Patent Paralegal Services are important for any company to analyse and draft the legal documents and ensure proper coordination. Basically, these services are important to keep watch on the IP activity of their competitor. Paralegal service includes preparation of documentation and ensures one of getting patent docketing. Online Patent Paralegal Services also help one in patent proofreading and PTA calculations. It is essential to monitor the patent application and keep all the updates about the field of invention. The monitoring that the paralegal services provide helps to search for any invalid patents in a particular domain. This ensures their rights to use the technology without any legal risk.

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What is the term of a patent in India? Is it renewable?

The term of a patent is twenty years according to the Indian Patent Act. It starts from the date of filing in case of domestically filed patents. The validity of a patent for national phase applications is twenty years from the date of International filing. In some countries, you can adjust this validity period if the patent office delays in granting a patent. This is also true for a delay from regulatory bodies in case of pharmaceutical and agricultural patents. However, the Indian patent office doesn’t entertain an extension of patent validity. After the expiry of a patent, it cannot be renewed.

Term of a patent

To know more, read What are the Important Elements of Patent Prosecution in India?

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When to file Patent Infringement suit in India?

You can file a patent infringement lawsuit only after the grant of a patent. However, the very first step should not be to file a lawsuit. First, you should spend your time to research and find out as to how exactly your patent is being infringed. Establish solid ground about your case.

Then, you should send a cease-and-desist letter to the infringer to notify them about the patent infringement. The next step is to work out a solution with the other party. You can ask them to stop using the product.

The next best solution is to discuss the possibility of a license for a fee if the infringement is not significant. This will allow them to use the invention and you shall receive compensation for the damages. However, if this doesn’t work out for either party then you should file a patent infringement lawsuit. You should take a look at some Patent Infringement cases before drafting a complaint.

Hire an attorney, and draft a complaint with them. Ensure that you have done a thorough background check and your grounds for filing a solid. To make a strong case, perform a Patent Invalidity Search. File the lawsuit with a federal court and notify the infringer about the same.

Now, the litigation process will begin and the court judge will listen to both parties. He/she will deliver judgement on the patent infringement based on the merits of the case.

Also, read more about Patent Revocation in India here.

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What is patentability search? Is it mandatory in India?

A patentability search determines whether a particular invention is eligible for acquiring a patent or not. It is also known as a prior art search, or simply, patent search. The parameters of the search are novelty, non-obviousness and commercial application. Hence, these three criterion together determine the patentability of an invention. It’s advisable to conduct a patentability search worldwide or at least in the countries you wish to protect your invention.

The scope of the search covers both patent and non-patent literature. Hence, you not only have to check federal databases of different countries, but also avenues like research blogs, websites, etc. If there is any information in the public domain, in any form, that describes your invention, then your invention is not novel.

You can do this process by yourself or you can hire a patent professional. A patent professional, with their experience and skills, can produce highly accurate results while searching). For India, you can use the Indian Patent Advanced Search System as the primary database for checking patents. However, this is not a mandatory step. If you’re confident enough about your invention meeting all the patentability criterion, you can directly file a patent application.

You can also read our elaborate article on Why do we need a prior art search for deeper insights.

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Patent examination: Who can file a request in India?

You can file a request for a patent examination yourself. If you are an organisation, then your immediate subsidiary or a patent agent can also file it. You can file the request for examination using Form 18 from Forms and Fees. If you are a small entity like a start-up, you can have an expedited patent examination using Form 18A.

Form 18, Request for Patent Examination

Further ahead…

Now, an examiner from the field of the invention examines the application and issues a First Examination Report or FER. The FER is sent to the primary applicant. This report contains the objections that the examiner has with your application. It might involve technical and/or non technical errors. You as the primary applicant must respond to the examination report within 6 months. The applicant can file for an extension of 3 months if needed but not beyond this. You must respond within this prescribed time limit. Otherwise, the patent office will consider your application as “abandoned“.

You respond to the FER in the form of an Office Action Response. Your job is to clear all the objections in order to get a grant for your patent application.

Check out our article on What are the Important Elements of Patent Prosecution in India? to know more.

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What are the restrictions for filing outside India for Indian residents?

For Indian residents opting for foreign or international filing, there are some restrictions for filing. They have to abide by the following rules:

An Indian applicant has to wait for a minimum time period of 6 weeks before he can file a patent application abroad. However if he wishes to file the application prior to this waiting time he has to get the permit by submitting a request for Foreign filing at the Patent Office.
An applicant may wish to file directly at a foreign country before applying for the same in India. In that scenario too he needs to file a request for Foreign Filing permit at the Patent Office. Only after obtaining permit from the office he can proceed further.

If an applicant fails to take permission from the Indian Patent Office before filing of an international Patent Application, his/her patent application will be considered as abandoned and a granted application will be officially cancelled. The applicant might have to serve a period of 2 years of imprisonment or fine or both.

Hence, you should take the restrictions for filing very seriously.

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Can you modify the technical aspects of a patent in India?

Basically, the short answer to whether you can modify the technical aspects of a patent in India is, NO. There is no chance to do any modifications or add something in a Complete Specification of the patent application. But, if you need to amend or add some new matter, you can do so by filing a Patent of Addition. For this, you need to a separate patent application apart from the original patent application. Therefore, the improvements or amendments to be done must be mentioned in this Patent of Addition.

You can read more about the Patent of Addition on the IP India website. Our team of expert professionals can help you modify the technical aspects of a patent by the means of a patent of addition. We have years of experience and are well aware of the latest norms, regulations and procedures. Our job is to assist you in every step of the way so that you can secure comprehensive protection for your invention.

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What is the process of patent application in India?

The process of patent application in India is similar to most countries. First, the persons who can apply for a patent application are the true or first inventor, an assignee or a legal representative. The form is to be properly filled and submitted at the required Indian Patent Office. The 4 main offices in India are located at Delhi, Mumbai, Kolkata and Chennai. You need to file application only with the offices which comes under the jurisdiction of your state of residence, or the place of origin of invention. Also, for foreign applicants who do not have a business place or are not resident of India can take the help of a patent agent to file the application with the correct office.

Priority Date is the initial or very first date on which you file the patent application. The Priority Date carries a lot of significance. The application with the earlier filing date gets first priority.

The patent office also considers the application with an earlier priority date for foreign or international filing. All the applications filed subsequently will have similar priority date as that of the parent application. Hence, you refer these subsequent applications as the family members of the parent application. The process of patent application is generally the same with only a minor change in format. This depends on the country where you file the application for. The applicant needs to take the help of the patent agent or attorney of the required country as he/she will not be able to file individually.

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What is the procedure for Patent Co-operation Treaty?

The procedure for Patent Co-operation Treaty is as follows:-

Filing– You need to file an international application with WIPO or a national or regional patent office. The application must abide by the requirements of PCT. You must draft it in a PCT compliant language and submit it along with a set of fees.

International Search– An International Searching Authority is a patent office which is responsible for finding out probable ‘prior-arts’. It conducts an exhaustive search and provides the applicant with an International Search Report. Also, the ISA also provides a Written Opinion on the patentability of the invention.

International Publication– WIPO publishes the contents of every application it receives, after a time period of 18 months from the filing date. This publication is available to the public and anyone can challenge the application if they feel the need.

Supplementary International Search– You can request for another International Search. However, this is entirely optional. Generally, applicants opt for it in case they make changes to their application after they receive the WOSA and ISR. The search allows them to be sure of the contents of their application.

International Preliminary Examination– This is again an optional step which is conducted on request generally on the amended version of a patent application.

National Phase– This is the most crucial part of the procedure for patent co-operation treaty. Your application reaches every country’s patent office where you seek protection. Usually, the time period is 30 months from the very first application filing date.

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How do I protect an invention in multiple countries?

Even if you have a patent in India, it won’t do you any good in another country. In order to protect an invention in multiple countries, you need to file an application in that jurisdiction. Basically, patents are territorial rights.

To protect an invention in multiple countries simultaneously, you can choose any one of the following options.

Go for the Direct route, i.e. file separate applications in every country simultaneously. However, this process is tedious, time consuming, and expensive.

PCT Route. Helps to seek patent protection for an invention simultaneously in a large number of countries. File a single “international” patent application instead of filing several separate national or regional patent applications

Paris Route. A more direct route. Similar to the PCT, but a more direct and economical route.

What is the effect of an International Patent Application in India and abroad?

Where can I file an international patent application in India?

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What is the PCT Route in India?

It helps to seek patent protection for an invention simultaneously in a large number of countries. This avoids the hassle of having to file multiple applications. Also, a single international application is enough for this which will act as the You can file an application under the PCT route directly or within the 12-month from the filing date of a first application under the Paris Convention. This is applicable for all Contracting States of the PCT. It is much simpler and cost-effective.

What is the effect of an International Patent Application in India and abroad?

Where can I file an international patent application in India?

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Who can use the PCT Route in India?

Basically, any Indian native/resident can use the PCT route in India. Generally, major corporations, research institutions, and universities use the PCT Route in order to obtain international patent protection. Small and medium sized enterprises (SMEs) and individual inventors also seek protection through PCT. Also, a yearly list of the PCT filers is published in the PCT newsletter. This list is a testament of the fact that entities of varying sizes use the PCT route in India.

Hence, any Indian native/resident can file an international patent application under PCT. An application may comprise of several applicants. In those scenarios, only one of those applicants needs to fulfill the requirements.

What is the effect of an International Patent Application in India and abroad?

Where can I file an international patent application in India?

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What is the effect of an International Patent Application in India and abroad?

Generally, the effect of an international patent application in India serves the purpose of the national patent application (and certain regional patent applications). If the international patent application meets all the rules and regulations as stated in the Treaty and Regulations along with its applicability in all PCT Contracting States, then it will not be required to adapt to or draft a separate national phase patent application. The requirements as stated in Treaty and Regulations if met successfully will not require further adaptation to national or regional requirements.

This is why the PCT is highly effective in terms of multi-country filings. In the same way, you won’t need to file a separate application for India. Hence, the effect of an International Patent Application in India is this. It’ll act as the national application during the national phase.

Who can file an international patent application under PCT in India?

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Who can file an international patent application under PCT in India?

A person is eligible to file in an international patent application if he/she is a native or resident of a PCT Contracting State. Also, India is a contracting state for PCT. Hence, any Indian native/resident can file an international patent application under PCT. An application may comprise of several applicants. In those scenarios, only one of those applicants needs to fulfill the requirements.

In case none of the applicants is a resident of India then they can hire a patent agent for the filing process. However, we are talking about the PCT here. Hence, instead of starting their filing in India, they can simply first file an application in their native country and then enter India through the PCT National Phase.

How long does it take to complete a PCT process in India?

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Where can I file an international patent application in India?

You can file an international patent application with the national Patent Office or directly to the WIPO (subjected to provision of permission by the state’s national security). Basically, these two offices act as the PCT receiving office.

Initially, you have to file a national application with the national/regional office of your country. Eventually, you will have to apply for an international application and you have to file that with one of the International Patent Offices. That is, patent offices that are eligible to accept international patent applications. Generally, your national patent office will serve this purpose. But, always ensure that your patent office is capable of accepting international applications or not.

The other method to file your application is online directly to WIPO.

How long does it take to complete a PCT process in India?

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What is the cost of filing an international PCT application in India?

The cost of filing an international PCT application in India generally include three types of fees.

They are (a) an international filing fee (b) a search fee depending on chosen ISA and (c) a transmittal fee that depends upon the receiving offices. These are the broad types of fees, the specifics differ according to various factors. These factors include size of entity, whether the country of origin is developed or developing, etc.

Also, you should be aware about you should be aware of what category you or your company fall into. Accordingly, you can avail a lot of discounts while filing. This can prove to be very beneficial since we already know that the entire patent process is very expensive.

More details on forms and fees are described elaborately on the WIPO website.

How long does it take to complete a PCT process in India?

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A Quick Guide to Patents – cost of filing an international PCT application in India

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How much fee reduction for PCT is possible in India?

All applicants who file electronically are always eligible for a fee reduction for PCT. That is, depending on the type of filing and application format submitted. Apart from this to make more people leave the conventional pen and paper method and adapt to electronic filing of the PCT system, applicants from developing nations like India get additional concession on fees. These individuals get almost a 90% fee reduction for PCT in some determined fees which include the international filing fee. Hence, you should be aware of what category you or your company fall into. Accordingly, you can avail a lot of discounts while filing. This can prove to be very beneficial since we already know that the entire patent process is very expensive.

How long does it take to complete a PCT process in India?

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How long does it take to complete a PCT process in India?

Generally, for a PCT process in India, an applicant has a time span of 18 months from the time he/she files an international patent application. However, usually this time is 30 months from the filing date of the initial patent application. After this period, he/she proceeds with the national phase procedures and formalities. This additional buffer time enables an inventor/ applicant to judge the potential and commercial viability of the invention in the desired countries. The overall time for a PCT process in India varies depending upon the national or regional patent offices. This is because each and every regional or national office examines a patent application according to the corresponding regional patent laws.

Hence, it is advisable to the applicant to file his/her application in a timely manner. Also, he/she must ensure that they fulfil all formalities so that the process is seamless.

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What is the significance of “Claim Priority” of an earlier patent application in India?

Basically, claim priority is a priority that an applicant claims while filing an application in multiple countries. Also, it is applicable when applicants first file a provisional application and then a complete application. Applicants need to first file a national or regional patent application with their national or regional patent Office. Also, within 12 months from the filing date (Priority Date) of the first application, the applicant has to file an international application under the PCT. The Claim Priority benefit allows an applicant to use the date of the national patent application for his/her international application. Hence, this negates the possibility of invalidation of a patent for any reason. These reasons may include not only patent infringements but also any other prosecution related issues.

If you want to claim priority for a patent application, then make sure that you refer to the Application Number correctly. The application you will file later must contain a specific reference to the original application.

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In what language can you file an international patent application in India?

You can file an international patent application in any language with the receiving office. If you submit the application in a language that the ISA doesn’t support then you need to submit a translation of your application. This is necessary for the purpose of an international search. Receiving offices however accepts application that is in a language competent to ISA and a “publication language”. Publication language is one of those in which international patent applications are published. Those languages are Arabic, Chinese, English, French, German, Japanese, Korean, Portuguese, Russian and Spanish. Thus as a translator you always have an option or choice of language while filing application. You should, however, try to make sure that the receiving office accepts the language in which you are filing. This will ultimately help you in saving money by avoiding any extra translation costs.

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A Quick Guide to Patents – file an international patent application

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Which Office is responsible for carrying out the international search of a PCT application in India?

An International Search Authority (ISA) is responsible for carrying out the international search of a PCT application. Also, the applicant has the liberty to choose the ISA at the time of international filing. Sometimes, you can select more than one ISA as well. Ultimately, the ISA needs to carry out a thorough and deep patent search internationally. Then, it needs to provide the applicant with the results in an International Search Report (ISR). Along with the ISR, the ISA also needs to hand out a Written Opinion (WOSA) which determines the patentability of the application.

Hence, the ISA indeed has a very important responsibility of conducting an elaborate and deep international search of a PCT application.

Related FAQs:

What is PCT International Search?

What is the value of the international search report?

Is an international search carried out for all international applications?

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A Quick Guide to Patents - international search of a PCT application

A Quick Guide to Patents – PCT International Search

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What is PCT International Search?

The PCT International Search is a high quality search of the relevant patent documents and other technical literature. This search is conducted by an International Search Authority (ISA). Also, it is a mandatory step in the PCT filing procedure. The PCT has prescribed certain standards for the quality of the search. After the ISA completes its search, it issues an international search report to the applicant. It also hands out a written opinion of the international search authority (WOSA). Basically, this determines the patentability of your application.

You must also specify an ISA while filing your application. As of now, there are 15 competent Search Authorities. Therefore, you can select 1 (in some cases more) ISA and it will conduct the search for you.

What is the value of the international search report?

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A Quick Guide to Patents – PCT International Search

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What is the value of the international search report?

The international search report enables you to determine the chances of obtaining patents in the PCT contracting states. It consists of a list of patent documents and technical literature. Also, the International Search Authority (ISA) is responsible for providing this report. The ISR result can be both in your or against your favor. Depending on your application quality, you may or may not come across closely overlapping prior art. This however will help you in deciding whether and how you should proceed further with your application (this is when search report is favorable) or how you can amend the claims in your application or can withdraw them (in case of unfavourable international search report). Thus, the ISR carries a lot of weight and an applicant must ensure that they go through it as thoroughly as possible.

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A Quick Guide to Patents – International Search

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Is an international search carried out for all international applications?

The thumb rule is to conduct an international search for all international applications. It is standard procedure for you to choose an International Search Authority while filing your international application. Basically, once you submit your application, the ISA will carry out the search in due time. There are presently 15 ISAs. Every Receiving Office allows applicants access to at least one ISA. Some countries allow PCT applicants to choose from more than one ISA.

However, there might be certain conditions when ISA will be unable to conduct a search. In those cases, ISA will issue a declaration stating non-issuance of ISR. ISA can also issue a partial report search if it feels that the application has multiple inventions but the applicant has not paid additional fees to conduct the search for all entailed additional inventions.

What does an international publication under PCT consist of?

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What does the Written Opinion of International Search Authority signify?

The Written Opinion of International Search Authority (WOSA) is a report that the ISA creates along with the International Search Report. Basically, it is a preliminary opinion on whether the invention adheres to or meets the patentability criteria or not. Also, the applicant receives the Written Opinion of International Search Authority along with the international search report. It helps an applicant understand and interpret as to how the chances of obtaining a patent can be enhanced.

This report will help you decide on 1 one of the following actions:

Continue with the application without any hesitation. This can happen only if your application is strong, it has no closely linked prior art, and satisfies the 3 patentability criterion. Those are novelty, unobviousness and industrial applicability.
Make changes to the application to overcome issues. You might come across a situation where your application is overlapping with another patent. But, the overlap is minor and you can change your application to avoid any potential infringements.
Abandon the application. This is a case where a closely similar invention exists already. You will have no choice but to abandon your application.

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A Quick Guide to Patents – Written Opinion of International Search Authority

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What is a PCT supplementary international search?

Apart from the PCT International Search, an applicant can request the ISA to conduct a PCT Supplementary International Search. This can reduce the scope of new patents to be discovered in the national phase itself. Also, it helps in determining the technical scope of an invention to broader realm. However, this option isn’t mandatory.

Generally, an applicant will go for this option only when their application has gone through an examination. According to the outcome of the examination, the applicant might feel the need to make some changes. Hence, upon making those changes, the applicant might want to make sure that the information in the application isn’t potentially violating any existing patents. This is where the PCT supplementary international search comes into play. Consequently, it will allow the applicant to know if the changes he/she made to the application are worth it or not.

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What is a supplementary international search report?

The supplementary international search report is more or less similar to the main international search report. It consists of a list of patent documents and technical literature. Basically, these might pose a challenge to the patentability of the invention claimed in the international application. However, this is an optional step, i.e. it is not mandatory.

The International Search Authority (ISA) is responsible for providing this report. Generally, an applicant will go for this option only when their application has gone through an examination. According to the outcome of the examination, the applicant might feel the need to make some changes. Hence, upon making those changes, the applicant might want to make sure that the information in the application isn’t potentially violating any existing patents. This is where the supplementary international search report comes into play. Consequently, it will allow the applicant to know if the changes he/she made to the application are worth it or not.

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What does an international publication under PCT consist of?

WIPO is responsible for International Publication Under PCT. The organisation publishes an application shortly after the expiration of 18 months from the priority date along with the international search report. Also, all PCT international applications are published online and can be found on PATENTSCOPE.

PATENTSCOPE publishes every international application if everything is in order. At that point, there are certain documents which you can access.

If you are looking to search using a keyword, then the SERP will show you the following parameters:

Appl. No
Title
Applicant
Inventor

International Publication Under PCT

When you open a particular application, you will be able to see a more diverse set of options. You will have access to some tabs.

PCT Biblio. Data:

This will contain the bibliographical information about the invention.You can access information like Publication Number, Publication date, international application number, filing date, abstract, designated states, etc.

Description:

Here, you will find a detailed description of the invention such as the technical field, background of the invention, object of the invention, etc.

You will find more tabs such as Claims, National Phase, News, Documents.
In conclusion, these are the documents that a third party can access in an international application.

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A Quick Guide to Patents- International Publication Under PCT

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Can third parties access documents of an international application in India?

Third parties cannot access the documents in the file of an international application unless the applicant himself requests or authorizes it. That is, till the time of international publication that is 18 months after the priority date. If an applicant withdraws the application before international publication, then again, third parties cannot access it. PATENTSCOPE publishes every international application if everything is in order. At that point, there are certain documents which you can access.

If you are looking to search using a keyword, then the SERP will show you the following parameters:

Appl. No
Title
Applicant
Inventor

Third Parties access to documents in an International application

When you open a particular application, you will be able to see a more diverse set of options. You will have access to some tabs.

PCT Biblio. Data:

Description:

Here, you will find a detailed description of the invention such as the technical field, background of the invention, object of the invention, etc.

You will find more tabs such as Claims, National Phase, News, Documents.
In conclusion, these are the documents that a third party can access in an international application.

A Quick Guide to Patents- Can third parties access documents of an international application?

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What is an international preliminary examination?

An International Preliminary Examination (IPE) is a second step to evaluate the patentability of an invention. Generally, people opt for this examination if they make any changes to their application. The changes can be due to issues regarding the application in the Written Opinion of International Search Authority (WO-ISA).

After an initial international search and the report published an applicant may wish to make changes in the international application in order to overcome challenging documents identified. This preliminary examination allows participating in the examination process and influencing the findings of the examiner before entering the national phase. The ISA conducts the International Preliminary Examination and produces an International Report on Patentability (IPRP).

This report is similar to the WO-ISA and allows you to assess the impact of the changes you made. Bear in mind, the IPE is an optional step, and you should opt for it preferably only if you make significant changes to your application.

Also, check out this free E-book, which is a Quick Guide to Patents.

A Quick Guide to Patents

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What is the value of the international preliminary report in India?

The International Preliminary Report on Patentability (IPRP) provides information on the chances of gaining a patent. During the PCT International phase, you have to select an International Search Authority (ISA). The ISA will produce a report, which is the Written Opinion of ISA (WO-ISA) based on its research. Hence, this report will let you know the chances of getting a patent.

You can make changes to your application after reviewing the WO-ISA to avoid any challenges with securing the patent grant. After making these changes, you can take an International Preliminary Examination (IPE) to see the impact of your changes (optional). The ISA conducts this examination and produces the international preliminary report on patentability (IPRP). However, if you feel you don’t need to make any changes, then the WO-ISA is converted into the IPRP. Therefore, IPRP is a crucial document in the national phase of PCT as patent offices refer to the information in the report while making decisions.

We can assist you with drafting and filing an international application. Also, we will ensure that we support you throughout the entire patent process. Especially at the time you enter the national phase. Our team of experienced experts are always aware about the latest norms, rules and regulations.

A Quick Guide to Patents

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How to enter the national phase in India and abroad?

Once you have decided that you wish to proceed further with your international application you have to enter the national phase. This requires paying requisite fees, submitting translation of applications in some cases. Every case is different and you will need to assess the state of your application in each country that you apply for. You must keep in mind the deadlines and respective due dates. Generally, you must enter the national phase of your application within the first 30 or 31 months of the initial date of filing. Hence, it is of utmost importance that you track your application status on a regular basis. Once your international phase is clear, you should start your preparation for the national phase.

A Quick Guide to Patents

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National Phase: What happens to my application in India and abroad?

Once your application enters the national phase, the national or regional patent Offices begin the process of determining as to grant you the patent or not. Now, the national phase entry often depends on the filing route as well. There are 2 broad options, which are Patent Co-operation Treaty and Paris Convention.

Let’s consider the example of PCT. The PCT route provides you with an international search report, the written opinion of ISA and sometimes an international preliminary examination report. These make the examination easier for the concerned offices. Further, the granting of the patent application in every country is in the hands of the respective patent office. You might get a grant in one country but another country might reject your application (along with certain valid reasons).

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A Quick Guide to Patents

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What is Patent Co-operation Treaty or PCT?

The Patent Co-operation Treaty is a convenient method of filing a patent in multiple countries at the same time. The PCT is an international treaty with 152 Contracting States and World Intellectual Property Organisation (WIPO) is responsible for its administration.

Basically, it helps applicants to seek patent protection for an invention simultaneously in a large number of countries. This avoids the hassle of having to file multiple applications. Also, a single international application is enough for this which will act as the Thus, you can file an application under the Patent Co-operation Treaty directly or within the 12-month from the filing date of a first application under the Paris Convention. This is applicable for all Contracting States of the PCT. Hence, it is much simpler and cost-effective.

What is the effect of an International Patent Application in India and abroad?

Where can I file an international patent application in India?

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A Quick Guide to Patents

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What is the Paris Route in India?

The Paris route is an option that is very similar to PCT. Hence, the Paris Convention allows convenient simultaneous multi-country filing. Paris Convention has 177 Contracting States and is also administered by World Intellectual Property Organization. However, the granting of a patent in the individual contracting country remains under the control of the local patent office. The Paris route offers a relatively faster route as compared to the PCT and it is more economical. You can file an application with your National office first and within 12 months, file an international application. The process is similar to PCT, only it is more direct and relatively faster in contrast with the PCT.

Related FAQs:

What is the PCT Route in India?

Who can file an international patent application under PCT in India?

What is the effect of an International Patent Application in India and abroad?

Also, do make sure that you check out this free e-book: A Quick Guide to Patents. It deals with basics of patent procedures.

A Quick Guide to Patents - Paris Route in India

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Click Here to Get Download Access (All Free Resources)

Click Here to Download Access (A Case-study on Top 6 Challenges & Issues In Intellectual Property Rights (India))

How can I find whether my invention in public domain already exists or not in India?

One can find that whether his invention in public domain exists or not. You can find whether the invention in public domain exists by performing out a prior art search. You can also go to the Indian Patent website and search for patents in the patent database. But generally, you should do a worldwide search to know if your idea is already patented in any other part of the world. It is because if it’s patented in any country, the patent will be treated as prior art. Also, look for non-patent literature such as research papers, journals, or anything else which describes your idea.

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What is patent drafting in India?

Patent Drafting in India is the details, specification, and claims of the invention that one needs to furnish while filling the patent application. Basically, it is a part of how to patent an idea. One needs to focus on even the slightest of details while patent drafting in India and getting all the details right. Hence, it is important for the applicant to take his time and prepare the patent description in an appropriate way. There is a minimal chance of adding more information after drafting the patent.

Collaboration between an attorney and the inventors is an essential part of the patent drafting process. It is imperative that the attorneys understand the invention in detail, all of its claims of usefulness, as well as what distinguishes it from similar existing products or processes. Failure in this area increases the chances of the application being denied by the Indian Patent Office.

As outlined, the non-provisional patent draft includes the following thirteen sections:

The title of your invention
A cross-referenced list of any related patent applications
A statement about any federally sponsored R&D —if applicable
The names of all parties if there is a joint research agreement
References to a “sequential listing,” any tables or computer program listings, as well as any appendix submitted to a CD or storage device and the incorporation-by-reference list
Background information on the invention
A brief summary of invention
A short description of the drawings
A detailed description of invention
The claim or claims
An abstract of the disclosure.
Sequence Listing, if not supplied on a CD or storage device
An oath or declaration

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Can I file a patent outside India?

Yes, you can file for a patent outside India by filing a PCT application. For filing a patent outside India, an international patent application can be filed in IPO as a receiving office in PCT request form using PCT-SAFE. After the grant of such permission, the Patent Office India shall transmit the application to the IB. The applicant has to pay the prescribed transmittal fee in addition to the International Application fee and search fee.

The Patent Cooperation Treaty (PCT) assists applicants in seeking patent protection internationally for their inventions, helps patent Offices with their patent granting decisions, and facilitates public access to a wealth of technical information relating to those inventions. By filing one international patent application under the PCT, applicants can simultaneously seek protection for an invention in a very large number of countries.

he Patent Cooperation Treaty (PCT) makes it possible to seek patent protection for an invention simultaneously in each of a large number of countries by filing an “international” patent application. Such an application may be filed by anyone who is a national or resident of a PCT Contracting State. It may generally be filed with the national patent office of the Contracting State of which the applicant is a national or resident

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What do you mean by patent translation in India?

Patent translation in India is the specialized task of converting patent-related documentation into another language. This could be for a set of patent claims, a description, and drawings, prior art or legal documentation relating to a patent dispute.

Patent translation requires the substantial cost of a translator who has the specialized technical skill necessary to translate complex industry jargon and legal patent language. Most translators can handle about 2,000 words per day, or eight pages, meaning that the average 9,400-word patent application will take about a week to translate without accounting for quality assurance measures such as proofreading. Translation costs represent a major budget item for those who plan to apply for patent protection in more than one nation.

A strong patent translation in India can have a positive impact on the value of your international patents, while poor translation can lower their value. Because a good translation must marry complicated technical content with expertise about both the science and language issues at hand, hiring the wrong professional can have grave consequences in the form of major errors in content. These consequences include:

Production delays
Increased costs for correcting erroneous translations
Damaged ability to enforce international patents

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What do you mean by patent prosecution in India?

Patent prosecution in India is the legal right to protect your intellectual property. Patent prosecution usually refers to the process of obtaining patent protection on an idea, invention, design, or plant. The first step of patent prosecution in India occurs when you file an application with the patent office, or your attorney files it on your behalf. The waiting period is about 24 months for most patent applications, after which the application will be assigned to a reviewer.

Patent Prosecution is not merely a process of interaction between an Applicant and/or his Legal Representative and a Patent Office with respect to patentability of a patent, but, for the Applicant, it is also a test of legal and technical competence that it believes the Legal Representative possesses. Patent prosecution is highly individualized and reflects the underlying skill set of each Attorney as the prosecution process itself involves high level of technical negotiation and interpretation of specific terminologies with the patent office, which in the end has high-impact value for the client.

Some of the Salient Features of the Patent Prosecution Services include:

Preparing Responses to Office Actions
Strategizing Amendments and Arguments for a patent application for maximizing impact
Technical Analysis of Office Actions
Technical Analysis of Cited Prior Art references

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What is patent docketing in India?

Patent docketing in India is a method or system for managing the patent application process. Docketing is an important tool for patent law firms, as it can be rather difficult to keep track of all patent applications for customers. Since each patent application can take up to several years, more and more patents are entered into the docketing system to better manage each one.

Many people assume that the patent docketing in India is merely data entry. Therefore, it can be hard for a law firm to find a qualified person to work on the patent docketing system. While a significant amount of data does, in fact, need to be input into the patent docketing system, the system itself can be incredibly complex in terms of the amount of information being kept and the number of patent applications being stored. For example, once information is entered into the system, it is up to the docketer to compute the due date manually and enter that date into the system.

Docketing is one of the most important facets of managing intellectual property. Therefore, organizations need to maintain a top-notch docket management system. Otherwise, the expenses of creating and maintaining patent records can skyrocket. Docketing tools efficiently keep track of fees, payments for applications, and deadlines. They even send reminders to all involved parties when needed.

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When does the Indian patent application get published?

Publication of a patent application is one of the prime stages in the process of getting a patent. The publication date of the patent application is considered of a specific significance because the applicants’ advantages as well as rights start from the publication date. Even though the applicant cannot seek any infringement proceedings till the patent is granted. There are two ways in which an Indian Patent Application can be published. They are automatic publication and early publication. The publishing of an Indian patent application would happen automatically after eighteen months from the date of filing or date of priority. This is called automatic publication. A request for early publication is possible by filing form-9 and paying the prescribed fee of Rs.2,500 for a natural person or Rs.10,000 for other than a natural person.

After filing the patent application, the patent office publishes your application in the office patent journal. The publication of only complete application takes place as the patent office does not publish provisional applications. It is important to publish the patent application as early as possible. This is due to the fact that the rights of the patentee start accruing only after the publication date.

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What is the difference between provisional and non-provisional patent application in India?

A provisional patent application allows you to begin securing patent rights while a non-provisional patent application is the first step toward a legally recognized patent. A provisional patent application is meant to help protect your idea and give you time to perfect it. Once you have the design and function ready, you can apply for the non-provisional patent.

Both provisional and non-provisional application protect your idea. With a provisional patent application, you also hold your place in the queue should you file for a non-provisional patent. While choosing to file a provisional patent will extend the total patent pending time, it should be seen as a benefit. When you first come up with an idea, it often takes time to develop and perfect it.

Non-provisional patent laws require inventors to submit an application for a patent within a year of showing the product in any way. This includes in print, at a trade show, or images of the item. If you don’t submit within that time frame, the chance to file for a patent is gone.

When you file a provisional patent application, it gives you another 12 months to make your idea better. Many inventors struggle to get a perfect prototype completed within the one-year period. But provisional patent will buy some extra time to work out the kinks.

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Can I patent an idea in India?

No, you cannot patent an idea in India. The invention itself has to be produced or a patent application containing the invention must be filed with the Indian Patent Office. While all inventions start with an idea, not every idea can be called an invention. Understanding the difference between ideas and inventions is critical to understanding the core ideas about patents.

It is, of course, axiomatic that an idea is an essential first step toward any invention. Nothing can or will happen without an idea, so in one sense ideas are a critical, and valuable, piece to the overall innovation equation. In and of themselves, however, ideas are not monetarily valuable. Without some identifiable manifestation of the idea there can be no intellectual property protection obtained and no exclusive rights will flow.

There are many different kinds of patents, but when most people talk about patents, they usually mean utility patents. Utility patents protect four kinds of things. They are:

A process. A process is any combination of steps or methods.
A machine. A machine is any combination of parts.
A manufacture. A manufacture is a combination of materials to make something new.
A new composition of matter. A new composition of matter could be a chemically new substance, like a drug or other formula.

In reality, many inventions are combinations of these categories. A new telecommunication system may combine processes and machines. A new kind of concrete may combine new combinations of existing materials as well as completely new chemicals.

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What is the renewal fees in India for a patent?

India’s Patent Act mandates patent holders to pay renewal fees in India for keeping their patents in force for the entire term.

Like most countries, patents in India are granted for a period of 20 years from the date of filing of the application, and international filing date in case of the Patent Cooperation Treaty (PCT) National phase application.

The first renewal fee is payable before the expiration of the second year of the patent – which is essentially the start of the third year of the patent.

Subsequently, the renewal fees in India is paid before the expiration of the previous year of the patent. For example, the renewal fee for the 7^th year would be payable before the expiration of the 6^th year of the patent.

When a patent is granted for an invention in India, the next vital step is to ensure that it is renewed regularly and unceasingly. This can be done by the payment of Patent Renewal Fees diligently during the lifetime of the patent i.e. 20 years. The renewal fees in India for individuals and small entities is 800-2000 and the standard renewal fee is 4000.

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How can I file a patent in India?

You need to follow certain steps to file a patent in India. Firstly you need to check whether your invention is patentable or not. Then, you need to become a registered member of the Indian Patent Office. After that, you need to gather the information about your invention and draft an application before you submit your application to the Indian Patent Office. YPT will help you with the whole process to file a patent in India.

In order to file a valid patent application, first, it has to be ascertained whether the product is patentable or not. The essence of checking patentability is to ascertain whether the said product has the NIU factor. The NIU factor includes the following pointers:

Novelty: Novelty means that the product which is sought to be registered is novel or new. In the sense that something as such has never been seen or used before.
Inventiveness: Inventiveness refers to the application of some creativity which has been applied for the first time for solving a purpose.
Utility: Utility refers to the outcome and the use of the product so sought to be invented. What is the use of bringing this product to the market and what function it aims to simplify?

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How can YPT help me in patent filing in India?

YPT has expertise in patent filing in India. We have an in-depth understanding of working style of each of the four patent offices in India. YPT utilizes its knowledge of the patent enforcement ton draft applications quickly thereby saving your time and money. YPT provides their client with its quality services while patent filing in India. Our professionals have expertise of patent filing to the core. We will assist you with all the steps involved in the procedure of the patent grant.

YPT team of 325+ experts cover variety of tech areas including Pharmaceutical, Chemical, Mechanical, Electrical, Biotechnology, Electronics, Telecommunication, Software, Information Technology and more. YPT serves clients in over 45 countries and is one of the very few organizations who understand global IP best practices to the core. YPT utilizes this expertise to advise our clients to help them get world class advise and IP protection. Further, with vast global network and work volumes, YPT not only ensures that you get the strongest and broadest protection, but makes sure that you get at the optimum costs. Again, YPT is one of the only organizations in the world where work does not stop at clients getting the IP protection but where experts walk with the client till they are able to get returns from their IP protection. YPT is trusted alike by industry associations (like FICCI, PHD Chamber of Commerce, FISME, etc), Government Departments and Ministries (like Department of Science and Technology), Fortune 500 companies, SMEs, Universities, Start-ups, Foreign Law Firms, and Individual Inventors in India and abroad. We have presence in 90+ jurisdictions to help our clients get best protections worldwide. Patent Filing in India, Patent Registration in India, Patent Prosecution in India, Patent Application Drafting Services in India

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What is the difference between Utility and Design patents in India?

The essential difference between utility and design patents is the difference in protecting “How it looks” (design) vs. “How it works” (utility). If you’re concerned about competitors copying the appearance of your concept, then apply for design patents. If you want to protect the functional features of your concept, then apply for utility patents. In some cases, it may be appropriate to file design and utility patent applications.

Since a design patent covers merely the ornamental appearance of an invention, it’s not difficult to imagine the ways in which a competitor may easily design around a patented design by creating a product that simply looks different. Utility patents are tougher to design around. Since utility patents claim the function or structure of an invention, the outer appearance of a product is less relevant to issue of infringement. A competitor may introduce a product with a very different appearance from that of a patented product and still infringe a utility patent.

t takes much more time to get a utility patent than a design patent. Since utility applications have a higher rate of rejection, they also endure a longer application process (average: approximately 3 years) than that of a design application (average: approximately 1.5 years).

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What is patent prosecution in India?

Patent prosecution in India is the process of writing and filing a patent application. It helps in pursuing protection for the patent application with the patent office. Patent Prosecution in India also helps you develop an intellectual property protection strategy, including preparing and filing patent applications with the patent office.The patent prosecution phase includes all the communications to and from the Indian Patent Office from the time of filing the patent application to grant of patent. After the patent grant, the patent will be in force only when the patentee pays the annuity fee regularly.

Patent prosecution includes several steps:

Developing a strategy for intellectual property protection.
Developing claims that define your invention.
Preparing patent applications to submit to the Indian Patent Office.
Creating drawings and images to the specifications of the design or invention.
Filing patent applications with the IPO.
Arguing your claims that your invention or design is eligible for patent protection.

You may choose to file a provisional patent application as your first step in patent prosecution. This application allows you to extend the deadline for filing for patent protection on your idea. The deadline for a non-provisional patent is 12 months from the introduction of your idea in a public setting. But filing a provisional application gives you another 12 months to prepare your non-provisional application. If you don’t submit within that time frame, you could lose the opportunity to continue the patent prosecution process.

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What is the patent filing fee in India?

Filing a patent application requires submission of forms to the patent office along with the patent filing fees in India. This is the first and foremost step towards securing an invention in India. If the inventor has a class 3 digit certificate he can submit the form online. In the case of online application, the patent office charges an additional 10% fee.

The patent filing fee in India varies depending upon the class in which the inventor falls. The patent filing fee in India is different for individuals, small entity groups and large entity groups. The fee can range from 10,000-50,000 Rs. in general.

Patent filing fees in India payable for a patent application are:

Application for grant of Patent
Provisional or Complete specification
Statement and Undertaking
Declaration as to Inventorship
Request for publication
Request for examination of application for Patent
For extra sheet over 30 sheets
For extra claim over 10 claims

The cost of filing a patent application in India, for an individual is Rs. 1750/- (paper filing) and request for examination is Rs. 4400/-(paper filing), whereas for online filing it is Rs. 1600/- and Rs. 4000/- respectively, but the applicant must have a digital signature to do that. For small entities, startups and other than natural persons (companies/institutions) the official fees will vary.

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What is the difference between product and process patent in India?

A product patent protects a product. It offers high protection to the original inventor to reduce the competition for the same product. Whereas, a process patent protects the process through which one manufactures the product and not the product. It reduces the element of monopoly in the market. As India is a part of TRIPS agreement, the agreement requires all its members to shift their patent regime from process to product patent.

Product Patent

Under this regime, the patent is granted to the original inventor of the product. Here are a few characteristic features of a Product Patent:

The grant of a product patent implies that no other person other than the inventor can manufacture the same product using the same process or any other process.
Product patent provides a ‘True Monopoly’ right to the inventor
Product patents are considered to be a higher level of protection compared process patents.

Process Patent

As the name says, a process patent is granted only to a particular process and not to the end product that is a result of such a process.

The protection is seen as a limited parent. This is because any other manufacturer or inventor can create the same product using a different process.
A process patent gives a low rage of protection to the inventor. Hence, the chances of competitors reverse engineering the product are high.
Also, there can be multiple process patents for a single product.

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Is it mandatory in India to provide software code for getting software patents ?

There are two requirements regarding the submissions and getting software patents in description of a patent:

The written description should be enabling, means that the content of the specification should support the claimed subject matter.

The written description should disclose the best mode to perform an invention.

Till the time you can provide enough material to support both the above points, it is not mandatory to submit the code. You can use various pseudo-codes. If not, then you may need to submit the code.

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What do you mean by design patent in India?

A design patent in India is a form of intellectual property protection which allows an inventor to protect the original shape or surface ornamentation of a useful manufactured article. This applies to any unique form or otherwise perceivable design features of an object – for instance, a chair, table, hand tool, clock, bottle or purse.

A design patent in India protects the ornamental appearance of an invention, i.e., how a product looks and not how it works. Design patents are typically cheaper and quicker to obtain than utility patents. While design patents offer limited protection compared to the broader scope of utility patents, filing a design patent application may still be worthwhile if you want to protect the appearance of your product or concept from being copied.

For design applications filed the patent term is 15 years after issuance without need for any renewals or maintenance fees. Design patents are typically cheaper and quicker to obtain than utility patents especially for a small entity (e.g., individual or company with less than 500 employees),

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What do you mean by patent registration process in India?

Patent Registration process in India is basically a process to file an application to register your invention under Patent Act. It provides you with the monopoly to use your invention for the public. A patent registration process in India helps you to get a patent of an intellectual property right to an invention carried out by an individual or firm.A patent registration helps you to get a patent of an intellectual property right to an invention carried out by an individual or firm.The four patent offices are located at Kolkata, Mumbai, Delhi & Chennai.

Once you have identified the patent office in which you have to file your patent application, it is now time to get an overview of the forms that have to be submitted.

To file a patent application, you will have to submit form 1, form 2, form 3 and form 5. Subsequent to filing these forms with the appropriate fees, you will receive a patent application number from the patent office. You can choose to file form 9 (optional) and form 18 along with fiing a complete application or after filing a complete application. You can download the Indian patent application filing forms.

In the table below, the list of forms that have to be submitted and their respective fees is provided. Please note that, the fee mentioned is for E-filing only. The patent office charges an additional fee of 10% over the fee for applications filed offline.

Form	Title	Patent office Fee (INR) 1$ = ~ 60 INR E-Filing only			Comment
		Applicant-Natural person/ Startup	Applicant – other than natural person
		Applicant-Natural person/ Startup	Small Entity	Others except small entity
1	Application for Grant of Patent	1600	4000	8000	Mandatory
2	Provisional/Complete Specification	No fee*	No fee*	No fee*	Mandatory
3	Statement and Undertaking Under Section 8	No fee	No fee	No fee	Mandatory
5	Declaration as to Inventorship	No fee	No fee	No fee	Mandatory
9	Request for Publication	2500	6250	12500	Optional
18	Request for Examination of Application for Patent	4000	10000	20000	Mandatory

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What is the patent filing procedure in India?

The patent filing procedure in India is an essential task for getting a patent grant. There are several steps involved to file a patent application in India. The steps are:

Patentability Search
Drafting patent application
Patent filing.
Publication of the patent application.
Request for examination
Office response
Patent grant

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What is pre-grant opposition in India in the patent process?

Section 25(1) of the Indian patent (Amendment) Act 2005 provides a provision for filing a pre-grant opposition in India against a patent application. Under this provision any person, any third party or the Government may challenge the application of grant of patent and inform to the controller of Patents of the opposition, in writing against the grant of a patent after the application for a patent has been published and/but before the grant of the patent. Pre-grant opposition acts as a defensive shield to confirm the validity of the patent applications before patents are granted to them. The pre-grant opposition in India acts as a safety net to capture questionable patent applications before a patent is granted to them. If someone thinks that your patent has infringed their patent or if they want to oppose it for some purpose, then they oppose your patent in the Indian Patent Office. This is known as pre-grant opposition.

Pre-grant opposition can be made on the grounds listed under section 25(1) (a) to (k) of the Patent Amendment Act, 2005:

Wrongfully obtaining the invention
anticipation by prior publication
anticipation by prior date, Prior claiming in India
Prior public knowledge or public use in India
Obviousness and lack of inventive step
non patentable subject matter
insufficiency of description of the invention
non-disclosure of information as per the requirement or providing materially false information by an applicant
Patent application not filed within 12 months of filing the first application in a convention country
nondisclosure/ wrong mention of source of biological material
Invention anticipated with regard to traditional knowledge of any community, anywhere in the world.

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What is electronics patent filing in India?

Electronics patent filing in India is an online method of filing patents. Electronics patent filing in India provides you with the platform to file your application electronically which is accessible to everyone. So, the process starts with signing in as an unregistered filer and ends on the successful completion of the patent filing.one just needs to register himself on the ipindia site to commence the proceedings of the patent filing. Using the electronic filing system, anyone with a web-enabled computer can file patent applications and documents without downloading special software.

New and enhanced features of Comprehensive E–filing services include :

Web based filing system
Dual way login (Digital Signature as well as Password based) and password re – generation procedure
Provision for filing of all entries as per Schedule 1 of the Patents Rules, 2003
Proper Validations with IPO Patent database
Facility to upgrade / update the digital signatures
User Profile
Improved procedures to minimize transaction errors

he Government has launched the system of issuing e-patent certificates after grant of patent. The salient features are

The patent certificate will be generated through an automated system after the patent is granted by the Controller and shall be transmitted to the applicant concerned or his authorised patent agent on record to the email address recorded with the office.
The patent certificate shall also be made available along with status of the application concerned on the official website (www.ipindia.gov.in), so that the same may be downloaded and printed, as desired by applicants.

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More about Trademarks in India

What is a trademark?

A trademark (popularly known as brand name) in layman’s language is a visual symbol which may be a word signature, name, device, label, numerals or combination of colours used by one undertaking on goods or services or other articles of commerce to distinguish it from other similar goods or services originating from a different undertaking. The legal requirements to register a trademark under the Act are:

The selected mark should be capable of being represented graphically (that is in the paper form).
It should be capable of distinguishing the goods or services of one undertaking from those of others.
It should be used or proposed to be used mark in relation to goods or services for the purpose of indicating or so as to indicate a connection in the course of trade between the goods or services and some person have the right to use the mark with or without identity of that person.

How to select a good trademark?

If it is a word it should be easy to speak, spell and remember. The best trademarks are invented words or coined words or unique geometrical designs.
Please avoid selection of a geographical name, common personal name or surname. No one can have monopoly right on it.
Avoid adopting laudatory word or words that describe the quality of goods (such as best, perfect, super etc.)

It is advisable to conduct a market survey to ascertain if same/similar mark is used in market.

What is the function of a trademark?

Under modern business condition a trademark performs four functions:

It identifies the goods / or services and its origin.
It guarantees its unchanged quality
It advertises the goods/services
It creates an image for the goods/ services.

Who can apply for a trademark and how ?

Any person, claiming to be the proprietor of a trademark used or proposed to be used by him, may apply in writing in prescribed manner for registration. The application should contain the trademark, the goods/services, name and address of applicant and agent (if any) with power of attorney, the period of use of the mark. The application should be in English or Hindi. It should be filed at the appropriate office.

The applications can be submitted personally at the Front Office Counter of the respective office or can be sent by post. These can also be filed on line through the e-filing gateway available at the official website.

What are different types of trademarks that may be registered in India?

Any name (including personal or surname of the applicant or predecessor in business or the signature of the person), which is not unusual for trade to adopt as a mark.
An invented word or any arbitrary dictionary word or words, not being directly descriptive of the character or quality of the goods/service.
Letters or numerals or any combination thereof.
The right to proprietorship of a trademark may be acquired by either registration under the Act or by use in relation to particular goods or service.
Devices, including fancy devices or symbols
Monograms
Combination of colors or even a single color in combination with a word or device
Shape of goods or their packaging
Marks constituting a 3- dimensional sign.
Sound marks when represented in conventional notation or described in words by being graphically represented.

Who benefits from a trademark?

The Registered Proprietor of a trademark can create establish and protect the goodwill of his products or services, he can stop other traders from unlawfully using his trademark, sue for damages and secure destruction of infringing goods and or labels.
The Government earns revenue as a fee for registration and protection of registration of trademarks
The Legal professionals render services to the entrepreneurs regarding selection registration and protection of trademarks and get remunerations for the same

The Purchaser and ultimately Consumers of goods and services get options to choose the best.

What are the benefits of registering a trademark?

The registration of a trademark confers upon the owner the exclusive right to the use the trademark in relation to the goods or services in respect of which the mark is registered and to indicate so by using the symbol (R), and seek the relief of infringement in appropriate courts in the country. The exclusive right is however subject to any conditions entered on the register such as limitation of area of use etc. Also, where two or more persons have registered identical or nearly similar marks due to special circumstances, such exclusive right does not operate against each other.

What are the formalities and government fees for major trademark transactions ?

For filing new applications there are prescribed forms depending on the nature of application such as Form TM-1, TM-2, TM-3, TM-8, TM-51 etc. Fees: Rs.4000/
To file a Notice of Opposition to oppose an application published in the Trade Marks Journal (FormTM-5). Fees: Rs. 2,500/- for each class covered

For Renewal of a Regd. trademark (Form TM-12 ). Fees: Rs.5,000/-
Surcharge for belated renewal (Form TM-10).Fees: Rs. 3,000/-
Restoration of removed mark (Form TM-13) Fees: 5,000/-
Application for rectification of a registered trademark (Form TM-26) Fees: Rs. 3,000/-
Legal Certificate (Form TM-46) (Providing details of entries in the Register) Fees: Rs.500/-
Copyright search request and issuance of certificate (Form TM-60) Fees: Rs, 5,000/-.

What are the sources of trademark laws?

The national statues i.e., the Trade Marks Act, 1999 and rules made thereunder .
International multilateral convention.
National bilateral treaty.
Regional treaty.
Decision of the courts.
Office practice reduced in Manuals and guidelines and rulings of the Courts
Decision of Intellectual Property Appellate Board.
Text books written by academician and professional experts.

What does the Register of trademark contain?

The register of trademark currently maintained in electronic form contains inter alia the trademark the class and goods/ services in respect of which it is registered including particulars affecting the scope of registration of rights conferred; the address of the proprietors; particulars of trade or other description of the proprietor; the convention application date (if applicable); where a trademark has been registered with the consent of proprietor of an earlier mark or earlier rights, that fact.

Can any correction be made in the application or register?

But the basic principle is that the trademark applied for should not be substantially altered affecting its identity. Subject to this changes are permissible according to rules detailed in the subordinate legislation.

Can a registered trademark be removed from the register?

It can be removed on application to the Registrar on prescribed form on the ground that the mark is wrongly remaining on the register. The Registrar also can suo moto issue Notice for removal of a registered trademark?

More about Industrial Design Registrations

What is an industrial design?

In a legal sense, an industrial design constitutes the ornamental or aesthetic aspect of an article.

An industrial design may consist of three dimensional features, such as the shape of an article, or two dimensional features, such as patterns, lines or color.

What kind of protection does an industrial design right offer?

In principle, the owner of a registered industrial design or of a design patent has the right to prevent third parties from making, selling or importing articles bearing or embodying a design which is a copy, or substantially a copy, of the protected design, when such acts are undertaken for commercial purposes.

What kind of products can benefit from industrial design protection?

Industrial designs are applied to a wide variety of products of industry and handicraft items: from packages and containers to furnishing and household goods, from lighting equipment to jewelry, and from electronic devices to textiles. Industrial designs may also be relevant to graphic symbols, graphical user interfaces (GUI), and logos.

How are industrial designs protected?

In most countries, an industrial design needs to be registered in order to be protected under industrial design law as a “registered design”. In some countries, industrial designs are protected under patent law as “design patents ”.

Industrial design laws in some countries grant – without registration – time- and scope limited protection to so-called “unregistered industrial designs”.

Depending on the particular national law and the kind of design, industrial designs may also be protected as works of art under copyright law.

How long does industrial design protection last?

Industrial design rights are granted for a limited period. The duration of the protection of industrial designs varies from country to country, but it amounts at least to 10 years. In many countries, the total duration of protection is divided into successive renewable periods.

How are industrial design rights enforced?

Industrial design rights are usually enforced in a court, generally on the initiative of the owner of the rights, as provided for by the applicable law. The remedies and penalties vary from country to country and could be civil (injunctions to desist from an infringement, payment of damages, etc.), criminal or administrative.

What is the difference between an industrial design right and a patent?

An industrial design right protects only the appearance or aesthetic features of a product, whereas a patent protects an invention that offers a new technical solution to a problem. In principle, an industrial design right does not protect the technical or functional features of a product. Such features could, however, potentially be protected by a patent. Find out more about patents.

What conditions must be met to obtain industrial design protection?

Depending on the applicable laws, independently created industrial designs must fulfil some or all of the following criteria: novelty/originality.

The assessment of novelty and originality varies from country to country. In general, an industrial design is considered to be new or novel if it has not previously been disclosed to the public and it may be considered original if it significantly differs from known designs or combinations of known design features.

Who grants industrial design registrations or design patents?

Industrial design registrations or design patents are granted by the IP office of the country (or region) where an application is filed. View a list of national/regional IP offices.

Do I need an agent to file an application?

Depending on the applicable law, you may file an application for the registration of an industrial design or for the grant of a design patent yourself or you may be required to appoint an agent.

How much does it cost to obtain industrial design protection?

As the costs for filing for protection vary from country to country, it is best to contact your national (regional) IP office for details on the fee structure. If protection abroad is sought, in addition to the ordinary filing fees, you should take into account the translation costs and the costs of using a local agent.

View a list of national/regional IP offices.

Is the industrial design protection granted in one country valid in every country?

Industrial design rights are territorial. This means that these rights are limited to the country (or region) where protection is granted.

How can industrial design rights be obtained in other countries?

At present, no “world” or “international” industrial design right exists.

In general, in order to obtain protection in other countries, an application for the registration of an industrial design or for the grant of a patent for an industrial design must be filed in each country where protection is sought, in accordance with the law of that country. In other words, if protection is sought in countries A and B, an application should be filed with the intellectual property (IP) office of country A and another application with the IP office of country B.

To avoid having to submit applications in each and every country where protection is sought, WIPO’s Hague System provides a practical business solution for registering up to 100 designs in a large number of territories – all through one single international application. Find out more about the Hague System.

In certain regions, it is also possible to obtain protection for industrial designs in the region concerned by filing an application with a regional IP office. This is the case in the African Intellectual Property Organization (OAPI), which registers industrial designs in states party to the Bangui Agreement; the African Regional Intellectual Property Organization (ARIPO), which registers industrial designs in states party to the Lusaka Agreement; the Benelux Office for Intellectual Property (BOIP), which registers industrial designs in the three “Benelux” countries; and the Office for Harmonization in the Internal Market (trademarks and designs) (OHIM), which registers industrial designs in the member states of the European Union.

What practical steps do I have to take to obtain protection for my industrial design?

An application for the registration of an industrial design or for the grant of a patent for an industrial design can be filed with the intellectual property (IP) office of the country (or region) in which protection is sought. We recommend that you consult our directory of IP offices to find the relevant office.

Alternatively WIPO’s Hague System for the International Registration of Industrial Designs provides a practical business solution for registering up to 100 designs in a large number of territories through filing one single international application. Find out more about the Hague System.

When should I file an application?

Timing is very important. Taking into account the novelty and/or originality requirement for industrial designs in most legislation, it is in general crucial to file an application for registration or for the grant of a patent before publicly disclosing it, so as to avoid destroying its novelty/originality.

If the industrial design has already been disclosed to the public (for example, by an advertisement published on the company’s website), it may no longer be considered as “new” or “original” and may become part of the public domain. Some countries, however, allow for a “grace period” to file after disclosure of the industrial design. Such a period provides a safeguard for applicants who have disclosed their industrial design before filing an application. Such a “grace period” is usually 6 or 12 months.

How can I search for industrial designs that have already been registered?

Intellectual property offices may make online databases of industrial design/patent for industrial design registrations available. Consult our directory of IP offices.

How can I find the industrial design laws of various countries?

WIPO Lex provides easy access to intellectual property legislation from a wide range of countries and regions as well as to treaties on intellectual property.

Many national or regional intellectual property offices also provide information concerning national or regional legislation on their websites. View a list of links to national and regional intellectual property offices to find out more.

How are industrial designs relevant to my business?

Industrial designs make a product attractive and appealing to customers. Design drives consumer’s choice: the appearance of a product can be a key factor in the consumer’s purchase decision. In other words, the success or failure of a product may rest, at least partially, on how it looks. Industrial designs can therefore be very important for both small- and medium sized enterprises (SMEs) and larger companies alike, regardless of their sector of activity.

What are the advantages to my business of protecting my industrial designs?

The protection of industrial designs should form an integral part of any business strategy. The main reasons to protect industrial designs are the following:

Return on investments: Protection contributes to obtaining a return on investments made in creating and marketing attractive and innovative products.
Exclusive rights: Protection provides exclusive rights for at least 10 years, so as to prevent or stop others from commercially exploiting or copying the industrial design.
Strengthen brands: Industrial designs can be an important element of a company’s brand. Protecting industrial designs contributes to protecting a company’s brand.
Opportunity to license or sell: Protection provides rights that may be sold or licensed to another enterprise, which will then be a source of income for the owner of the rights.
Positive image: Protection helps convey a positive image of a company, since industrial designs are business assets which may increase the market value of a company and its products.
Reward: Protecting industrial designs rewards and encourages creativity.

What happens if I don’t protect my industrial design(s)?

If you don’t protect your industrial design(s) then it follows that you may not enjoy exclusive rights to them. Consequently, your competitors may take a product to market, incorporating your industrial design, without getting your permission.

So if a competitor or anyone else makes, sells or imports products bearing or embodying a design which is a copy (or substantially copy) of your industrial design without your consent, you will have no legal means to fight them. Moreover, it is likely that copies of the industrial design will be sold at a lower price as competitors do not have to recoup the investments made in the creative process. This could reduce your market share for the product in question and be harmful both to your firm’s reputation and to that of your products.

Can I file PCT applications electronically?

Mostly the PCT applications are filed electronically. It can be filed with receiving offices that accepts electronic applications. Filing a PCT application through the WIPO web service or the WIPO software enables you to prepare applications by simultaneously validating the entered data. It also helps you monitor your patent application on a timely basis for any related actions. Filing electronically also qualifies you for some reduction in fees for PCT.