The Basic Guidelines of Patent Registration in India:
- Documenting of the patent application is the initial step of the patent registration.
- Publication: – The second step involves publishing of complete specification done by the patent office after 18 months from the priority date. Alternatively a demand for early publish can be made whereby publication will happen within 30 days after the request is made.
- The following stage in the process is examination conducted by the patent office. The process of examination of the patent application isn’t programmed. An individual must file a request within 48 months from earlier of date of priority and documenting of the application.
- Examination: – After the request for examination has been made, an examination is conducted formal and substantive and a report is issued from the patent office. The basis for the examination of the application is the date of filling of the request for examination, which means prior the demand made for the examination, earlier is the report issued.
- Once the first examination report is issued, an application is put in the state of allowance within 12 months. It must happen by waiving the objection and agreeing to necessities, assuming if any. The application’s response to the examination is a determining step for further carrying the process.
- Controller: – After overcoming the objection of the first or resulting examination reports and hearing notification assuming if any, the controller decides to either grant or rejects the patent application. After a patent is grant, the controller can order the party for an annual renewal charge to be maintained regularly. In case the patent is rejected, an appeal can be made to the Appellate board, after which a patent can be reject or allowed.
Points to remember
- In India a patent application can face pre and post opposition, which means, before and after a grant is provided. The post opposition takes place within 12 months from the notification of grant and pre-opposition occurs after publication and before grant from the controller. You must not forget that there are possibilities of revoke of a patent under some situation.
- An aggrieved party can appeal to Intellectual Property Appellate Board on decision made by the patent office/controller.