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Indian Patent Filing Procedure

Article · March 2015

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Vishal S. Undre Rahul Narayan Dhole

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 Frequently Asked Questions

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1. What is a Patent?
Exclusive Right given to inventor for his/her invention for particular period over limited
territory.

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2. Does Indian Patent give protection worldwide?
No. It will give protection only in Indian Territory

3. What can be patented?

Any one (Either person, institute, Government organization etc.)

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4. Who can apply for a patent?
Any one.

5. How can I apply for a patent?

A patent application can be filed with Indian Patent Office either with complete
specification or with provisional specification.
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6. What is Mean by provisional Specification Patent?
In case the application is filed with provisional specification, in this no claims are
required.

7. What is Mean by Complete Specification Patent?

Then one has to file complete specification within 12 months from the date of filing.
You have to give details of your invention.
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8. Can Indian patent can filed online?

Yes
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9. Is there provision for filing patent application electronically by online system?

From 20th July, 2007 the Indian Patent Office has put in place an online filing system
for patent application. More information for filing online application is available on
the website of Patent Office i.e. www.ipindia.nic.in.
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10. What are the criteria of patentability?

An invention to become patentable subject matter must meet the following criteria –
 It should be novel.
 It should have inventive step.
 It should be capable of Industrial application.
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11. How a Patent Specification is prepared?

The patent specification generally comprises:

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  Title of the invention indicating its technical field,
 Prior art,


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Draw backs in the prior art,
 The solution provided by the inventor to obviate the drawbacks of the prior art,
 A concise but sufficient description of the invention
 Drawings (if Any)
 Details of best method of its working.

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 The complete specification must contain at least one claim or statement of claims
defining the scope of the invention for which protection is sought for.

12. Is it necessary to file a provisional application?

It is not necessary to file an application with provisional specification and one can file
application directly with complete specification.

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13. Is there provision for extension beyond time limit of 12 months?
There is no provision for extension of time beyond the period of 12 months.

14. Does the Patent Office Keep information of the invention Secret?
Yes up to when request for publishing is not filed.
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15. Is there any provision in the law for early publication?
Yes, the applicant can make a request for early publication in Form 9 along with the
prescribed fee.

16. Is patent application once filed is examined automatically?

The patent application is not examined automatically after its filing. You have to file
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FORM 18.

17. Is there any provision for early examination?

There is no provision for filing a request for early examination.
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18. What happens to a patent application once it is examined?

After examination, the Patent office issues an examination report to the applicant
which is generally known as First Examination Report (FER).
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19. What are the various stages involved in the grant of patent?
Usually, the First Examination Report is issued and the applicant is given an
opportunity to correct the deficiencies in order to meet the objections raised in the said
report. When all the requirements are met, the patent is granted and notified in the
Patent office Journal. However before the grant of patent and after the publication of
application, any person can make a representation for pre-grant opposition.
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20. Is there any fee for filing such representation for pre-grant opposition?
There is no fee for filing representation for pre-grant opposition? This can be filed by
any person.

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 21. What is the time limit for filing post-grant opposition in the patent office?
The time for filing post-grant opposition is 12 months from the date of publication of

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the grant of patent in the official journal of the patent office.

22. Is there any fee for filing post-grant opposition?

The post grant opposition has to be filed in the prescribed form 7 along with prescribed
fees of Rs.1500 for natural person and Rs.6000 for person other than natural person.

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23. Where the information relating to patent application is notified?
The information relating to the patent application is published in the Patent office
Journal issued on every Friday. This is also available in electronic form on the website
of the Patent Office www.ipindia.nic.in

24. What are the contents of the Patent office Journal?

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The Patent office Journal contains information relating to patent applications which are
published u/s 11A, post grant publication, restoration of patent, notifications , indexes,
list of non-working patents and notices Issued by the Patent Office relating to Patents,
etc.

25. Journal can downloaded from the website?

Yes, journal can be downloaded from the website free of charge.
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26. How can one find out that an invention is already patented?
The person concerned can perform a preliminary search on Patent Office website in the
Indian patent data base of granted patent or Patent Office journal published every week
or by making search in the documents kept in the Patent Office Search and Reference
Room, which contains Indian patents arranged according to international patent
classification system as well in serial number. It is open to the general public from
Monday to Friday, except Gazetted holidays. The public can also conduct search free
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of charge on the website of Patent Office.

27. What is the term of patent?

Term of every patent in India is 20 years from the date of filing of patent application,
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irrespective of whether it is filed with provisional or complete specification.

28. Is there any difference in the amount of fees to be paid by an individual or a legal
entity for filing a patent application?
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Yes, the application filing fees for an individual person (natural person) is Rs.1, 760/-
and for a legal entity other than individual is Rs.4, 000/- up to 10 claims and 30 pages.
If applicant is institute then patent filing fees is 8,800/- . This fees is for offline
procedure.

29. What are obligations of the patentee after the grant of patent?
After the grant of patent, every patentee has to maintain the patent by paying renewal
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fee every year as prescribed in the schedule I. For first two years, there is no renewal
fee. The renewal fee is payable from 3rd year onwards. In case the renewal fee is not
paid the patent will be ceased.

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 30. Can the patentee pay renewal fee at a time or has to pay every year?
The patentee has choice to pay the renewal fees every year or he can pay in lump sum

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as well.

31. When a patent can be restored after its cessation?

A request for restoration of patent can be filed within 18 months from the date of
cessation of patent along with the prescribed fee. After receipt of the request the matter

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is notified in the official journal for further processing of the request.

32. Eligibility conditions for registration as patent agents are below.

A person shall be qualified to have his name entered in the register of patent agents if
he fulfils the following conditions, namely-
 Citizen of India
 Age must be 21+

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 Degree must be in science, engineering or technology from any university.

33. Is it necessary to engage a registered patent agent for filing an application for
patent?
No, it is not important.

34. Is it possible to file international application under Patent Cooperation Treaty

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(PCT) in India?
It is possible to file an international application known as PCT application in India in
the Patent Offices located at Kolkata, Chennai, Mumbai and Delhi. All these offices
act as Receiving Office (RO) for International application. The addresses of these
offices are available on the website of CGPDTM i.e. www.ipindia.nic.in.
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 Patent Office Branches and States

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Patent Office Branch States
The States of Maharashtra, Gujrat Madhya

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Patent Office Branch
Pradesh and Goa, Daman & Diu & Dadar &
Mumbai
Nagar Havel.

The States of Andhra Pradesh, Kerala Tamil

Patent Office Branch,
Nadu, Mysore and Pondicherry, Laccadive,
Chennai
Minicoy and Aminidivi Islands.

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States of Haryana, Himachal Pradesh,
Patent Office Branch,
Jammu & Kashmir, Punjab, Rajasthan and
New Delhi
Uttar Pradesh, Chandigarh and Delhi

Patent Office (Head),

West Bengal and other rest part of India.
Kolkata
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 Searching of Patent

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It is very hard task to find is my idea is exist or not? Where do I search it? These
are primary questions by researchers, answer to is well defined as below.
World Intellectual Property Organization, Indian Patent Office, U.S. Patent office
kept their database open for searching purpose. You can search your idea in their

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database.
1. Google Patents www.googlepatents.com
2. Indian Patent Office, http://pk2id.delhi.nic.in/

3. World Intellectual Property http://www.wipo.int/patentscope/sea

Organization (PATENT rch/en/search.jsf

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SCOPE)

4. US PATENT AND http://www.uspto.gov/

TRADEMARK OFFICE
5. Patent Alert (US Patents) – free http://www.patentalert.com/
e Mail updates (e.g. New
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Drugs)
6. EPO database http://www.epo.org/searching.html
7. USPTO database http://patft.uspto.gov/

8. TKDL (Traditional Knowledge http://www.tkdl.res.in/tkdl/langdefa

Digital Library) ult/common/Home.asp?GL=Eng
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9. JPO DATABASE http://www.jpo.go.jp/english/faqs/se

arching.html
10. Australian Patent office http://www.ipaustralia.gov.au/get-
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the-right-ip/patents/search-for-a-
patent/
11. Euro Asian patent information Guest login is available:
system EAPATIS http://www.eapatis.com/ensearch/
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12. Lexis-Nexis Academic http://www.lexisnexis.com/hottopics

/lnacademic/?verb=sf&sfi=AC07ST
PatentSrch

13. STN Patent Cluster http://www.cas.org/support/stngen/c

lusters/patents.htm
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14. Also Refer http://www.freepatentsonline.com/

http://free.patentfetcher.com/

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Some Basic Rules while filling Patent forms:
1. Patent application can filed in English or Hindi

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2. Title of Invention should contains name Innovative, Novel, New etc.
3. Title Should in Capital
4. Font Style- Times New Roman, Calibri Light only.
5. Font Size- 12

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6. Applicant Name Starts with Surname First Name Middle Name.
7. Do not write Dr. X. Y. ABC

For Provisional Patent Application Following

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Documents Are Required

1. Covering letter indicating the list of documents

2. Application for Grant of Patent in Form 1
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3. Provisional specification in Form 2 containing
 Description
 Drawing (if any)
 Abstract
 Claims are not necessary
4. Requisite Statutory fees (Cheque / DD) Cheque/DD Should be on the
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name of Controller of Patent, Payable at Mumbai.

Note: Send this documents along with one Xerox copy to patent office
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Mumbai on following address with prescribed fees.

Controller of Patent
Patent office Mumbai
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Bhoudhik Sampada Bhavan,

Antop Hill Head Post Office, S.M. Road,
Mumbai-400037, India
Phones Nos.: (022) 24137701
Fax : (022) 24120387
Email:- mumbai-patent@nic.in
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 For Complete Specification Application Following
Documents are required

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Once provisional patent filed within 12 months complete specifications
should provide to Indian Patent office (IPO).

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1. Covering indicating the list of documents.
2. Complete specification in Form 2
 Description
 Claims (Claims are mandatory)
 Drawing (if any)

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 Abstract
3. Statement and Undertaking in Form 3.
4. Declaration of Inventorship in Form 5.
5. No fees needed for Form 2, 3 & 5.
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For more details visit on www.sggs.ac.in>> Intellectual property Management cell & refer
www.vishalundre.com
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