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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