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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