Right from its inception, Patent grant in India is being blamed for its inefficiency and tardiness. But it seems that the time has changed and the patent office is outperforming major patent offices around the world in its granting of patents to change its tarnished image. This becomes evident with the simple fact that the Mumbai Patent Office granted a patent to Hyderabad based drug maker in a record of 4 months or 113 days. The patent was begged by Optimus Pharma, a drug manufacturer that develops APIs and Intermediates.
The patent was granted by the patent office on anticoagulant drug “Apixaban” that is intended for the treatment of venous thromboembolic events.
Not only this, but the patent office has granted expedited patent grant to many such start-ups those were blaming the IPO for not performing in time. For the sake of understanding we will start with the definition of “Expedited Patent Grant” in India.
What is Expedited Patent Grant in India- Patent grant in India had been a slow and steady process wherein granting of patent took 3 to 4 years for most of the applications. However, in 2016 Indian Patent Office established a new procedure under which the patent granting process could be expedited after fulfillment of certain criteria like fees and filing of a special form.
Requirements for availing Expedited Patent Grant in India- According to the expedited patent grant rule the applicant would have to fill Form 18A provided under Indian Patent Rule 24 (C) (1) along with the prescribed fees.
Peculiarities and achievements of India’s Expedited Patent Grant Service- The Indian patent office has created some achievements those should be appreciated and in this part we are going to list those-
- As of now under this process 18 patents have been granted by the Indian Patent Office.
- Most of the grant took 3 to 9 months from the date of request.
- Most of the patents granted under this rule are from Chennai jurisdiction followed by Delhi and Mumbai.
- Most of the patents granted under this rule are from chemical background which is followed by mechanical.
- Though the procedure was adopted mainly for start-ups, multinationals, and big corporate are also choosing this route than normal route.
Advantages of filing patents under this rule- There are many advantages those an applicant can avail by choosing this route of filing patent applications in India. Some of them are as mentioned-
- It saves plenty of time that can otherwise be wasted.
- It saves applicants from unnecessary litigations and infringement suits which are of no merit and are filed to delay the process.
- Let applicants find source of funding and acquisition partner.
- Some investors want granted patents of an invention before investing money.
- Provide competitive advantage to the patent owners.
Learn about: Patenting in India: Do’s & Don’ts
To put it simply, expedited patent granting provision could be a boon for inventors who are willing to make most of their patents. Not only it will benefit start-ups but large enterprises can also save their precious time.
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