The publication of patent application at India patent office. The process and the sections related to the Indian patent act

1. Publication of application
Section 11(A), Rule 24
Indian Patent Office
Sagar N Patil
psagaripr@gmail.com

2. Plan and Introduction
• PLAN
– Flow chart
– Detail study
– Quick look
• INTRODUCTION
– It can also be said as pre-grant
prosecution
– From publication , application
becomes prior-art

3. Steps for prosecuting patent application in India
File an application for a patent accompanied with provisional or complete
specification
Within 1 year from the date of filing an application accompanied with
provisional specification, the complete specification must be filed
Publication of the application by the patent office after the
expiry of 18 months from the date of filing
Patent ceases to have an effect if a renewal fee is
not paid
Request for examination (RFE)
Controller forwards the application, specification and other
documents to the examiner
Examiner submits his report on patentability and submits it to the
controller
Controller forwards the list of objections to the applicant
Applicant amends the application in
compliance with Controllers
objections
Patent granted
Applicant pays renewal fees to keep
the patents in force
If no objections
Request for early publication
may be filed

4. Filing
examination
Section
143
Rule 26
Rule 24
Rule 11
PUBLICATION
(u/s 11A)
18
months
Numbering of Application (R.11)
Screening of Applications ( for – IPC , technology , S. 3
and 4)
Publication of Applications (u/s 11 unless – S.35
, S.9(1), S.11(A)
Particulars of Publication (u/s 11(A) letter “A”
designated , ………..
Early Publication (Form 9 , before expiry of 18 month
, fees)
Effect of publication
(deposition of biological
material to public
, application made
available to public
, privileges and rights to
applicant , rights of for
mail box application)
1
2
3
Pre-grant opposition (u/s
25(1)
4

5. Filing
examination
Section
143
Rule 26
Rule 24
Rule 11
PUBLICATION
(u/s 11A)
18
months
Numbering of Application (R.11)
Screening of Applications ( for – IPC , technology , S. 3 and 4)
Publication of Applications (u/s 11 unless – S.35 , S.9(1), S.11(A)
Particulars of Publication (u/s 11(A) letter “A” designated , ………..
Early Publication (Form 9 , before expiry of 18 month , fees)
Effect of publication
(deposition of biological
material to public
, application made
available to public
, privileges and rights to
applicant , rights of for
mail box application)
1
2
3
Pre-grant opposition (u/s
25(1)
4

6. Rule 24 :
Publication of application
The period for which an application for patent shall not ordinarily be open to public
under sub-section (1) of section 11A shall be eighteen months from the date
of filing of application or the date of priority of the application, whichever is earlier.
Provided that the period within which the Controller shall publish the
application in the Journal shall ordinarily be one month from the date of
expiry of said period, or one month from the date of request for
publication under rule 24A.
Section
143
Rule 11Rule 26
Rule
24
u/s 11(A)2 –
Form 9

7. Rule 26.
Request for withdrawal
A request for withdrawing the application under sub-section (4) of section
11B shall be made in writing.
Section
143
Rule 11
Rule
26
Rule 24

8. Rule 11.
Order of recording applications
• The applications filed in a year shall constitute a series identified by
the year of such filing. In case of an application filed corresponding to an
international application in which India is designated, such application shall
constitute a series distinct from the rest of the applications identified by the year of
filing of corresponding applications in India
Section
143
Rule
11
Rule 26
Rule 24

9. Section 143.
Restrictions upon publication of specification
Subject to the provisions of Chapter VII, an application for a patent, and any
specification filed in pursuance thereof, shall not, except with the consent of
the applicant, be published by the Controller before the expiration of the
period prescribed under sub-section (1) of section 11A or before the same is
open to public inspection in pursuance of sub-section (3) of section 11A or
section 43.
Section
143
Rule
11
Rule
26
Rule
24
18 months time bar
• u/s 35
•u/s 9(1)
•withdrawal
•Not been refused by the
controller
•Not in contravention with
any act

10. Filing
examination
Section
143
Rule 26
Rule 24
Rule 11
PUBLICATION
(u/s 11A)
18
months
Numbering of Application (R.11)
Screening of Applications ( for – IPC , technology , S. 3 and 4)
Publication of Applications (u/s 11 unless – S.35 , S.9(1), S.11(A)
Particulars of Publication (u/s 11(A) letter “A” designated , ………..
Early Publication (Form 9 , before expiry of 18 month , fees)
Effect of publication
(deposition of biological
material to public
, application made
available to public
, privileges and rights to
applicant , rights of for
mail box application)
1
2
3
Pre-grant opposition (u/s
25(1)
4

11. • 18 months period
• Request for publication (early publication) (Rule 24A)
• Shall include particulars…….
• Shall have privilege and rights (but can enforce from grant of patent)
• Upon publication
– Depository institution make biological material available to public
– Public availability of application
• Shall be published except
– u/s 35 (secrecy directions)
– u/s 9(1) (abandonment)
– Rule 26 (withdrawal)
Publication of Application (u/s 11A)

12. Form 9
Fees
(2500/10000
INR)
Within 1
month from
date of filing
Early Publication u/s 11(A)(2) , Rule 24(A)

13. All the applications will be screened and have International Patent
Classification to categorize the invention to the respective field of technology.
Simultaneously, the applications are screened to find whether the invention is
relevant for defence and atomic energy purpose so that the necessary procedure
can be initiated.
Screening of Applications

14. • a) Patent applications are published in the Patent
Office Journal under section 11A(2) of the Patents
(Amendment) Act 2005 and rule 24A of the Patents
(Amendment) Rules, 2006.
• b) The publication U/S 11A will be identified by the
letter “A” along with the Number of Application
• c) Publication of patent application includes
information on the following parameters as may be
applicable to a particular case
(a) Number of application
(b) Date of filing of application
(c) Title of invention
(d) Publication date
(e) International Patent Classification
(f) Name and address of the applicant
(g) Name of the inventor(s)
(h) Priority details like document number, date, country, PCT
application number and date, etc
(i) Patent of Addition to / Divisional Application to: along
with filing date of the parent application /
(j) Abstract of the Invention including drawing (if any)
Particular of publication

16. AT PUBLICATION
BEFORE PUBLICATION AFTER PUBLICATION
Filing application
0th month 18th month
Withdrawal of application
(Rule 26)
Request for early publication
{Rule 24(A), Form 9 , Fees,
u/s 11(A)(2)
Rule 24- Publication
of application
u/s 11(A) publication
Rule 25- identification of
published documents
Rule 11- Order of
Recording aaplication
u/s 25(1) pre-grant
opposition
Withdrawal of
application
(Rule 26)
(Rule 27) Inspection and supply
of published documents at IPO
office , can bedone by paying
fees at office

17. THANK YOU
Sagar N Patil
psagaripr@gmail.com