A Patent is a monopoly conferred by law to the inventor, so as to exclude others from exploiting or using a particular invention. Therefore, a Patent being a monopoly right enables the patentee to exploit the invention for 20 years after which it falls in the public domain unless renewed. In order to achieve a patent protection, the invention in question must be new, it should involve an inventive step and must be capable of industrial application.
India, to keep up with the modern world and to strengthen its patent law, became a member of many international organizations which include Trade Related Intellectual Property Rights (TRIPS) system, the Paris Convention and the Patent Co-operation Treaty (PCT). These associations enabled the patent holders to secure their rights in multiple countries without losing priority in each jurisdiction.
In Indian Patent Office, a patent can be filed by way of comprehensive e-filing. This system enables online filing of patent application along with all the requisite forms as prescribed under the Patents Act, 1970.
Only Patent Agent, Patent Attorney working individually or in a Law Firm is eligible to file Patent In India.
- Provisional/Complete Application- The first step involves filing of Patent Application. The date of patent can be incurred by the date of filing the first application. Complete specification is to be filed within 12 months from the date of priority or date of filing the provisional application.
- PCT International Application – An applicant needs to file a PCT application within 12 months from the date of filing the priority application.
- Conventional Application- An applicant should file a conventional application within 12 months from the date of priority or date of filing the priority application.
- National Phase Application – In India, the national phase application can be filed thorough PCT within 31 months from the date of filing of the priority application.
- Publication – The patent applications are published after a period of 18 months from the date of filing the application.
- Pre-Grant Opposition- An person may within 6 months of the date of publication file for an opposition by way of representation.
- Examination – As the process of examination is not automatic, a request for examination can be made within 48 months from the date of priority of the application.
- Issue of First Examination Report – A response to the examination report shall be filed with 6 months.
- Notice of Allowance/Grant/Rejection of the Patent Application- The controller may either accept the application or reject it on the basis of the office action response.