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File Patent Filing In India
Patent registration in India is a legal process that grants an inventor exclusive rights to their invention, allowing them to exclude others from making, using, or selling the invention for a specified period. In India, patents are granted by the Indian Patent Office under the Office of the Controller General of Patents, Designs & Trade Marks (CGPDTM).
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When to Register a Patent
Process
Step by Step Process
1. Conduct a search to ensure your invention is novel, non-obvious, and industrially applicable.
2. Prepare a detailed patent application, including the specification, claims, drawings, and abstract.
3. Submit the patent application to the Indian Patent Office. You can file a provisional application to secure an early filing date and follow up with a complete specification within 12 months.
4. The patent application is published 18 months from the filing date or priority date, making the details of the application public.
5. File a request for examination within 48 months from the filing date or priority date. The examination process includes checking the application for compliance with patentability criteria.
6. The patent examiner reviews the application and may issue examination reports (office actions) requiring responses or amendments from the applicant.
7. If the application meets all requirements, the patent is granted, and a certificate of patent is issued.
8. Maintain the patent by paying annual renewal fees and ensuring any changes in ownership or licensing are recorded.
Documents Required
Following are the documents that will be required
2. Detailed description of the invention.
3. Disclosure of foreign applications filed for the same invention.
4. Declaration by the inventor(s) regarding their contribution.
5. Power of Attorney, If the application is filed by a patent agent.
Frequently Asked Questions
Answered all frequently asked questions, Still confused? feel free to contact us.
How long does the patent registration process take?
The patent registration process in India typically takes 2 to 3 years, but it can vary based on the complexity of the application and the workload of the patent office.
What is the validity period of a patent?
A patent in India is valid for 20 years from the filing date of the application, subject to payment of annual renewal fees.
Can I file a provisional patent application?
Yes, you can file a provisional application to secure an early filing date. A complete specification must be filed within 12 months of the provisional application.
What is the cost of patent registration?
The cost varies depending on the type of applicant (individual or entity) and the complexity of the application. It includes filing fees, examination fees, and attorney fees if applicable.
What happens if I do not request an examination?
If you do not file a request for examination within the prescribed period (48 months from the filing or priority date), your patent application will be deemed withdrawn.