What is a Patent?

Patent is an exclusive right provided to a patentee, for excluding others from using the patented product and process. The purpose of this system is to encourage inventions/inventors by promoting their protection and utilization.

Types of patent:

  1. Ordinary Patent
  2. Patents of Addition
  3. Convention applications
  4. National Phase Applications under Patent Cooperation Treaty (PCT)

Patent application:

Who may apply?

Application may be made by the inventor, either alone or jointly with another person or a legal entity. Patent Laws differ from country to country and there is no single patent called “World Patent”. Every application for a patent shall be for one invention only and shall be made in the prescribed form and filed in the patent office.

Provisional and complete specification:

An application for patent weather ordinary, convention, or an international patent application (PCT) in India must be filed in Form 1. A specification which does not contain claims is regarded as a provisional specification.

A complete specification for a patent application accompanied with a provisional specification shall be filed within 12 months from the date of filing of the application.

Time and Statutory Fee to file a Patent in India:

The time required for a patent to be granted will depend on the registration procedure and a number of other factors that will

vary from country to country. If the patent meets the patentability criteria of novelty, inventive step and industrial applicability, the entire procedure from application to grant will generally take over 18 and in many cases over 24 months.

On the other hand, the deferred examination system gives an applicant more time to decide whether his invention is worth patenting in view of the possibility of commercialization and the costs involved obtaining a patent.

Patent Application Grant Process in India:

Statutory FEE schedule for filing an application in India:

Form No.

Type of  Application

Fee (For Individuals) in INR.

Small Entity

Fee (Other Entities) in INR.

Fee (For Individuals) in INR.

Small Entity

Fee (Other Entities) in INR.

 

 

* Prices for eFiling

* Prices for Paper Filing

1

Application Fee

1600

4000

8000

1760

4400

8800

2

Complete Specification

No Fee

No Fee

No fee

No Fee

No Fee

No fee

 

Extra Claims more than 10

320

800

1600

352

880

1760

 

Extra Pages more than 30

160

400

800

176

440

880

3

Statement of Undertaking

No Fee

No Fee

No Fee

No Fee

No Fee

No Fee

5

Declaration of Inventor ship

No Fee

No Fee

No Fee

No Fee

No Fee

No Fee

9

Request for Publication/Early Publication

2500

6250

12500

2750

6875

13750

18

Request for Examination

4000

10000

20000

4400

11000

22000

Examination Process:

There will be an examination process to determine the invention is patentable. There could be objections from the examiner during the examination and those should be clarified with responses by the inventor(s)/applicant(s).

After the examination process is completed, the Patent is published in the Official Gazette. In case of any objection from the examiner or opposition from an opposing party during examination or after the patent grant, the inventor(s)/applicant(s) have to reply to the objections or attend a hearing for clarifying the doubts of the examiners.

Upon successful completion of the opposition periods, the Certificates of Registration are issued on the sole discretion of the Intellectual property office. The validity of the registration is 20 years from the date of filing.

International Application:

As one cannot get a patent worldwide with one single application, they have to file an application in the home country and need to file individual applications in each country of interest within 12 months.

You can delay this by filing a PCT (Patent Cooperation Treaty) application at World Intellectual Property Organization (WIPO), which can delay the filing of individual national foreign filings up to 31 months from the date of the first filing. This gives more time to assess the commercial potential for the invention before incurring the cost of individual national filings.

The application filed in the home country can be a provisional application and based on the priority of the provisional application and with the help of a PCT application 31 months’ time can be obtained to file the complete specifications in the countries of interest.

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