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Indian Patent ProcessIndian Patent Process
ByBy
Adithi VarnaAdithi Varna
Filing RequirementsFiling Requirements
 Place of applicationPlace of application
 Persons entitled to applyPersons entitled to apply
 Type of specifications (provisional or complete)Type of specifications (provisional or complete)
 Types of applicationTypes of application
 Priority datePriority date
Various Types of Application inVarious Types of Application in
IndiaIndia
 Ordinary applicationOrdinary application
 Convention applicationConvention application
 PCT international applicationPCT international application
 PCT National phase applicationPCT National phase application
 Application for Patent of additionApplication for Patent of addition
 Divisional ApplicationDivisional Application
Documents to be submitted at theDocuments to be submitted at the
time of filingtime of filing
 Form 1Form 1 - Application for the grant of patent.- Application for the grant of patent.
 Form 2Form 2 - Provisional or Complete Specification.- Provisional or Complete Specification.
 Form 3Form 3 - Statement and undertaking by the applicant.- Statement and undertaking by the applicant.
 Form 5Form 5 - Declaration as to inventorship.- Declaration as to inventorship.
 Form 26Form 26 - Authorization of patent agent or any other person. (if filed- Authorization of patent agent or any other person. (if filed
through an agent)through an agent)
 Priority document details have to be filed for a ConventionPriority document details have to be filed for a Convention
application.application.
 Proof of right if the application is made by the assignee.Proof of right if the application is made by the assignee.
Statement and undertaking by theStatement and undertaking by the
applicantapplicant
 Periodic intimation to patent office about StatusPeriodic intimation to patent office about Status
of substantially same application/Invention filedof substantially same application/Invention filed
outside Indiaoutside India
 Submission of any examination reports/searchSubmission of any examination reports/search
reports issued in any country outside Indiareports issued in any country outside India
PublicationPublication
 Date of publicationDate of publication
 Open for public inspectionOpen for public inspection
 Rights of patentee startRights of patentee start
 Early publicationEarly publication
 Rights start earlyRights start early
ExaminationExamination
 Request for examinationRequest for examination
 Formal examinationFormal examination
 verifying the propriety and correctness of allverifying the propriety and correctness of all
documentsdocuments
 verifying the patentabilityverifying the patentability
 First Examination Report (FER)First Examination Report (FER)
 AmendmentsAmendments
GrantGrant
 Order for grantOrder for grant
 GrantGrant
 Publication of grantPublication of grant
 Rights of patentees can be enforcedRights of patentees can be enforced
 Renewal fee Payment for the period of 20 yearsRenewal fee Payment for the period of 20 years
to keep the patent in forceto keep the patent in force
Working Of PatentsWorking Of Patents
 Information regardingInformation regarding
quantum/Value/importation/Licenses and sub- licensesquantum/Value/importation/Licenses and sub- licenses
of Patented Invention commercially worked in Indiaof Patented Invention commercially worked in India
 Periodic Information to Submitted by Patentee/LicenseePeriodic Information to Submitted by Patentee/Licensee
 Principle of Working of PatentsPrinciple of Working of Patents
OppositionOpposition
 Pre-grantPre-grant
 Before grantBefore grant
 Post-grantPost-grant
 1 year from grant1 year from grant
Portfolio Management ServicesPortfolio Management Services
 Web based portfolio management solutionWeb based portfolio management solution
 Brain League’s Proprietary SoftwareBrain League’s Proprietary Software
 Manages Intellectual Property applicationsManages Intellectual Property applications
 Initial Filing to Grant & Post Grant Maintenance.Initial Filing to Grant & Post Grant Maintenance.
SNAPSHOTSSNAPSHOTS
New alerts may be added or existing alerts may be
modified using the respective tabs .
A query
report in
excel can be
generated by
clicking ‘Run
Alert Query ‘
tab
New alert may be added by specifying the
‘extent’ and frequency of the alert
SUMMARY OF FEATURESSUMMARY OF FEATURES
 DOCKETINGDOCKETING
 EASY RETRIEVALEASY RETRIEVAL
 CURRENT STATUS VIEWCURRENT STATUS VIEW
 ONE STOP FOR ALL RELEVANT INFORMATIONONE STOP FOR ALL RELEVANT INFORMATION
 CUSTOMER ALERTSCUSTOMER ALERTS
 ALERTS CONFIGURABLE AS PER CONVENIENCEALERTS CONFIGURABLE AS PER CONVENIENCE
Thank youThank you
More Details VisitMore Details Visit
Web:Web: www.bananaip.comwww.bananaip.com
Blog:Blog:
http://www.bananaip.com/sinapse-bloghttp://www.bananaip.com/sinapse-blog
Email:Email: contact@bananaip.comcontact@bananaip.com
A Property of BananaIP

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Indian Patent Process

  • 1. Indian Patent ProcessIndian Patent Process ByBy Adithi VarnaAdithi Varna
  • 2. Filing RequirementsFiling Requirements  Place of applicationPlace of application  Persons entitled to applyPersons entitled to apply  Type of specifications (provisional or complete)Type of specifications (provisional or complete)  Types of applicationTypes of application  Priority datePriority date
  • 3. Various Types of Application inVarious Types of Application in IndiaIndia  Ordinary applicationOrdinary application  Convention applicationConvention application  PCT international applicationPCT international application  PCT National phase applicationPCT National phase application  Application for Patent of additionApplication for Patent of addition  Divisional ApplicationDivisional Application
  • 4. Documents to be submitted at theDocuments to be submitted at the time of filingtime of filing  Form 1Form 1 - Application for the grant of patent.- Application for the grant of patent.  Form 2Form 2 - Provisional or Complete Specification.- Provisional or Complete Specification.  Form 3Form 3 - Statement and undertaking by the applicant.- Statement and undertaking by the applicant.  Form 5Form 5 - Declaration as to inventorship.- Declaration as to inventorship.  Form 26Form 26 - Authorization of patent agent or any other person. (if filed- Authorization of patent agent or any other person. (if filed through an agent)through an agent)  Priority document details have to be filed for a ConventionPriority document details have to be filed for a Convention application.application.  Proof of right if the application is made by the assignee.Proof of right if the application is made by the assignee.
  • 5. Statement and undertaking by theStatement and undertaking by the applicantapplicant  Periodic intimation to patent office about StatusPeriodic intimation to patent office about Status of substantially same application/Invention filedof substantially same application/Invention filed outside Indiaoutside India  Submission of any examination reports/searchSubmission of any examination reports/search reports issued in any country outside Indiareports issued in any country outside India
  • 6. PublicationPublication  Date of publicationDate of publication  Open for public inspectionOpen for public inspection  Rights of patentee startRights of patentee start  Early publicationEarly publication  Rights start earlyRights start early
  • 7. ExaminationExamination  Request for examinationRequest for examination  Formal examinationFormal examination  verifying the propriety and correctness of allverifying the propriety and correctness of all documentsdocuments  verifying the patentabilityverifying the patentability  First Examination Report (FER)First Examination Report (FER)  AmendmentsAmendments
  • 8. GrantGrant  Order for grantOrder for grant  GrantGrant  Publication of grantPublication of grant  Rights of patentees can be enforcedRights of patentees can be enforced  Renewal fee Payment for the period of 20 yearsRenewal fee Payment for the period of 20 years to keep the patent in forceto keep the patent in force
  • 9. Working Of PatentsWorking Of Patents  Information regardingInformation regarding quantum/Value/importation/Licenses and sub- licensesquantum/Value/importation/Licenses and sub- licenses of Patented Invention commercially worked in Indiaof Patented Invention commercially worked in India  Periodic Information to Submitted by Patentee/LicenseePeriodic Information to Submitted by Patentee/Licensee  Principle of Working of PatentsPrinciple of Working of Patents
  • 10. OppositionOpposition  Pre-grantPre-grant  Before grantBefore grant  Post-grantPost-grant  1 year from grant1 year from grant
  • 11. Portfolio Management ServicesPortfolio Management Services  Web based portfolio management solutionWeb based portfolio management solution  Brain League’s Proprietary SoftwareBrain League’s Proprietary Software  Manages Intellectual Property applicationsManages Intellectual Property applications  Initial Filing to Grant & Post Grant Maintenance.Initial Filing to Grant & Post Grant Maintenance.
  • 13.
  • 14.
  • 15.
  • 16.
  • 17. New alerts may be added or existing alerts may be modified using the respective tabs . A query report in excel can be generated by clicking ‘Run Alert Query ‘ tab
  • 18. New alert may be added by specifying the ‘extent’ and frequency of the alert
  • 19. SUMMARY OF FEATURESSUMMARY OF FEATURES  DOCKETINGDOCKETING  EASY RETRIEVALEASY RETRIEVAL  CURRENT STATUS VIEWCURRENT STATUS VIEW  ONE STOP FOR ALL RELEVANT INFORMATIONONE STOP FOR ALL RELEVANT INFORMATION  CUSTOMER ALERTSCUSTOMER ALERTS  ALERTS CONFIGURABLE AS PER CONVENIENCEALERTS CONFIGURABLE AS PER CONVENIENCE
  • 20. Thank youThank you More Details VisitMore Details Visit Web:Web: www.bananaip.comwww.bananaip.com Blog:Blog: http://www.bananaip.com/sinapse-bloghttp://www.bananaip.com/sinapse-blog Email:Email: contact@bananaip.comcontact@bananaip.com A Property of BananaIP

Editor's Notes

  1. Place of application: India is divided in to 4 Jurisdiction- depending on applicant’s jurisdiction or if applicant is not Indian Attorney’s jurisdiction. -An invention originated from India and having attest one Indian Inventor is entitled to file Advantages of filing Provisional Application: Priority Disclose to third party for funding Explore commercial feasibility Decide to continue the application Decide countries of interest
  2. Patent office has to be intimated about the status of application filed outside India within 6 months from: Filing application outside India Upon Receipt of Examination report/Search report from other Jurisdictions or patent offices outside India.
  3. Request for Examination has to be made before 48 months from date of priority otherwise the application shall be abandoned A response to FER have to be made before 12 months from the date of FER Hearing may also be called for or the applicant may request formally for such hearing
  4. Working patents has to be filed every year by the patentee or the licensee Principle : Encourage Invention and to secure that they are worked in commercial scale in India Not merely to enjoy monopoly by the right holder Promotion of technology innovation Unreasonable restrain on trade due to exclusive right Patented article to be made available at reasonable affordable price to public.