patent in india

7/29/2019 patent in india

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T M REGISTRY

DESIGN OFFICE

G.I. REGISTRY

Head Office

KOLKATA

Branch

DELHI

Branch

CHENNAI

Branch

MUMBAI

Head Office

MUMBAI

DELHI

KOLKATA

CHENNAI

ABAD

IPTI ,NIIPM,P.I.S. Nagpur

KOLKATA

PATENT OFFICE

CHENNAI


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Law and Regulations Patents Act, 1970

Amended in

1999 2002

2005

Patents Rules, 2003

Amended in

2005

2006


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Patent Law - Salient Features

Both product and process patent provided

Term of patent 20 years

Examination on request

Both pre-grant and post-grant opposition Fast track mechanism for disposal of appeals

Provision for protection of bio-diversity andtraditional knowledge

Publication of applications after 18 monthswith facility for early publication

Substantially reduced time-lines


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Scope of Patentability UnderThe Patents Act


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What is an Invention?

Sec.2(1)(J)

Invention

means a new product orprocess involving an inventivestep and capable of industrial

application


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Patentable subject matter

Invention must

relates to a Process or Product or

bothbe new (Novel)

involves an inventive step

be Capable of industrial application

not fall under Section 3 and 4


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NEWMEANS

Invention must not be

Published in India or elsewhereIn prior public knowledge or prior public

use with in India

Claimed before in any specification in

India


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Inventive step

Afeature of an invention that

involves technical advance ascompared to the existing knowledgeor

have economic significance or both

andmakes the invention not obvious toa person skilled in the art


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Industrial applicationmeans

Invention is capable ofbeing made or used

in any kind of

industry


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Stages from filing to grantof a patent


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Obtaining a patent

File an application for patent

With one of the patent offices based on territorial

jurisdiction of the place of office or residence of the

applicant /agent Pay the required fee

Information concerning application form and

details of fee available at www.ipindia.nic.in

Guidelines for applicants also available on thiswebsite
http://www.ipindia.nic.in/http://www.ipindia.nic.in/http://www.ipindia.nic.in/http://www.ipindia.nic.in/http://www.ipindia.nic.in/http://www.ipindia.nic.in/http://www.ipindia.nic.in/http://www.ipindia.nic.in/


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Formality Check

An Examiner checks the formalrequirements before accepting theapplication and the fee this is done

immediately Issue of application number and the cash

receipt this is done the same day

In case of receipt of application by post,cash receipt, application number is sent bypost within 2-3 days


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Publication Application is kept secret for a period of 18

months from the date of filing

In 19th month, the application is published in the

official journal this journal is made available onthe website weekly

Applicant has an option to get his application

published before 18 months also

In that case, application is published within one

month of the request


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Request for Examination Application is examined on request

Request for examination can be made

either by the applicant or by a third party

A period of 48 months, from the date of

filing, is available for making request for

examination


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Examination Application is sent to an Examiner within

1 month from the date of request for

examination

Examiner undertakes examination w.r.t.

whether the claimed invention is not

prohibited for grant of patent

whether the invention meets the criteria ofpatentability


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Issue of FER A period of 1 to 3 months is available to

Examiner to submit the report to the

Controller

1 months time available to Controller to

vet the Examiners report

First Examination Report (FER) containing

gist of the objections is issued within 6

months from the date of filing of request


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Response from the Applicant

12 months time, from the date of issue of

FER, is available to the applicant to meet

the objections

If objections are met, grant of patent is

approved by the Controller within aperiod of 1 month


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Pre-grant Opposition After publication, an opposition can be

filed within a period of 6 months

Opportunity of hearing the opponent is

also available


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Examination of Pre-grant

Opposition

Opposition (documents) is sent to the

applicant

A period of 3 months is allowed for receipt

of response


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Grant of a Patent

A certificate of patent is issued within 7

days

Grant of patent is published in the official

journal


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STAGES - FILING TO GRANT OF PATENT

PUBLICATION OF APPLICATION

REQUEST FOR EXAMINATION

GRANT OF PATENT

3rd Party Representation

Revocation/Amendment

OPPOSITION

PROMPTLY AFTER 18 MONTHS FROM P.D.

WITHIN 48 MONTHS FROM F.D.

ALL OBJECTIONS TO BE COMPLIED WITHIN 12

MONTHS

IF P.S.IS FILED C.S. TO BE FILED WITHIN 12MONTHS

WITHIN 12 MONTHS

FILING OF APPLICATION

PROVNL. / COMPLETE

Decision of

Controller

EXAMINATION-ISSUE OF FER

Appeal

Appellate Board


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THANK YOU

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