Patent Prosecution Process in India

Publication of Application

  • As per Section 11A and Rule 24 of the Patents Act 1970, an application is published after completion of eighteen months from its earliest priority date.
  • However as per Rule 24A, an early publication may be requested in Form 9 at any time before the end of the eighteen months period.

Examination of Application

  • As per Section 11B, and Rules 24B and 24C, the application will be taken up for examination if the application has already been published as per Section 11A and a Request For Examination has been filed in form 18 or 18A.
  • As per Section 11B and Rules 24B and 24C, after publication, the Controller will refer the application to an examiner in an order of filing of the Request for Examination in Form 18 or 18A, as the case may be.
  • The examiner will conduct a formal and a substantive examination of the application as per relevant sections including Section 2, 3, 12, 13 of the Patents Act 1970.
  • A first statement of objections, also called as a First Examination Report (FER) is mailed to the applicant within maximum of 5 months from the date on which the application was referred to the examiner. PATENT PROSECUTION PROCESS
  • The applicant needs to comply with the requirements of the FER within a period of six months from the date of mailing of the FER. This period may be extended for another three months by way of request made in Form 4. PATENT PROSECUTION PROCESS

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