What are the various stages involved in the grant of patent?

What are the various stages involved in the grant of patent?
What are the various stages involved in the grant of patent?

A Patent is a statutory right for an invention granted for a limited period of time to the patentee by the Government, in exchange of full disclosure of his invention for excluding others, from making, using, selling, importing the patented product or process for producing that product for those purposes without his consent.

After filing the application for the grant of patent, a request for examination is required to be made by the applicant or by third party and thereafter it is taken up for examination by the Patent office. 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.

The applicant must comply with the requirements within the prescribed time otherwise his application would be treated as deemed to have been abandoned.  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.

What happens to a patent application once it is examined?

What happens to a patent application once it is examined?
What happens to a patent application once it is examined?

After examination to a patent application, the Patent office issues an examination report to the applicant which is generally known as First Examination Report (FER). Thereafter the applicant is required to comply with the requirements within a period of twelve months from the date of FER.

In case, the application is found to be in order for grant, the patent is granted, provided there is no pre-grant opposition is filed or pending.  A letter patent is issued to the applicant.  However, in case a pre-grant opposition is pending, the further action is taken after disposition of the pre-grant opposition.

A Patent in an exclusive right granted by a country to the owner of an invention to make, use, manufacture and market the invention, provided the invention satisfies certain conditions stipulated in the law.

Exclusivity of right implies that no one else can make, use, manufacture or market the invention without the consent of the patent holder. This right is available only for a limited period of time. However, the use or exploitation of a patent may be affected by other laws of the country which has awarded the patent.

These laws may relate to health, safety, food, security etc. Further, existing patents in similar area may also come in the way. A patent in the law is a property right and hence, can be gifted, inherited, assigned, sold or licensed.

As the right is conferred by the State, it can be revoked by the State under very special circumstances even if the patent has been sold or licensed or manufactured or marketed in the meantime.

The patent right is territorial in nature and inventors/their assignees will have to file separate patent applications in countries of their interest, along with necessary fees, for obtaining patents in those countries.

 

What is opposition under the Indian Patents Rules 2003?

Opposition under the Indian Patents Rules 2003 

What is opposition under the Indian Patents Rules 2003?
What is opposition under the Indian Patents Rules 2003?

(1) Representation for opposition under sub-section (1) of section 25 shall be filed in Form 7 (A) at the appropriate office and shall include a statement and evidence, if any, in support of the representation and a request for hearing if so desired.

(1A) Notwithstanding anything contained in sub-rule (1), no patent shall be granted before the expiry of a period of six months from the date of publication of the application under section 11 A.

(2) The Controller shall consider such representation only when a request for examination of the application has been filed.

(3) On consideration of the representation if the Controller is of the opinion that application for patent shall be refused or the complete specification requires amendment, he shall give a notice to the applicant to that effect along with a copy of such representation.

(4) On receiving the notice under sub-rule (3), the applicant shall, if he so desires, file his statement and evidence, if any in support of his application within three months from the date of the notice.

(5) On consideration of the statement and evidence filed by the applicant, the Controller may either refuse to grant a patent on the application or require the complete specification to be amended to his satisfaction before the patent is granted.

(6) After considering the representation and submission made during the hearing if so requested, the Controller shall proceed further simultaneously either rejecting the representation and granting the patent or accepting the representation and refusing the grant of patent on that application, ordinarily within one month from the completion of above proceedings.

What is opposition under the Indian Patents Act 1970?

What is opposition under the Indian Patents Act 1970?
What is opposition under the Indian Patents Act 1970?

Opposition under the Indian Patents Act 1970 – After the Patent Office has examined an application and found it in order forgrant of a patent, it publishes the title pf the invention, name of the inventor(s) and the applicant(s), abstract of the invention, drawings and claims in the Gazette of India.

Part III Section 2, for interested parties to oppose the grant of the patent. An application for opposition may be filed at the concerned Patent Office branch within four months of the date of the issue of the concerned gazette.

An extension of one month is possible; a request for extension has to be made within the first four months. Typed or photocopies of the specification together with photocopies of the drawings, if any, can be obtained from the Patent Office, Calcutta or the concerned branch office on payment of the prescribed fees.

One would like to oppose if the idea of the accepted application infringes upon one’s invention/existing patent, if the coverage of the proposed patent is very wide which may be detrimental to one’s research or if the idea is not novel and so on.

Is it possible to file international application under Patent Cooperation Treaty in India?

Is it possible to file international application under Patent Cooperation Treaty in India?
Is it possible to file international application under Patent Cooperation Treaty 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.

Patent is a statutory right for an invention granted for a limited period of time to the patentee by the Government, in exchange of full disclosure of his invention for excluding others, from making, using, selling, importing the patented product or process for producing that product for those purposes without his consent.

Patent protection is territorial right and therefore it is effective only within the territory of India. However, filing an application in India enables the applicant to file a corresponding application for same invention in convention countries, within or before expiry of twelve months from the filing date in India.

Therefore, separate patents should be obtained in each country where the applicant requires protection of his invention in those countries. There is no patent valid worldwide.

What is the cost of filing a patent application in India?

What is the cost of filing a patent application in India?
What is the cost of filing a patent application in India?

Patent is a statutory right for an invention granted for a limited period of time to the patentee by the Government, in exchange of full disclosure of his invention for excluding others, from making, using, selling, importing the patented product or process for producing that product for those purposes without his consent.

The Government fee for filing a patent application (complete/provisional) in India is Rs.750/- for individuals and Rs.3,000/- for legal entities. An applicant is now required to make a request for examining the patent application within 48 months of filing of the application.

In case of applications filed before May 20, 2003 examination request has to be made within the 48 months of filing of the application or within 12 months from May 20, 2003 whichever is shorter.

An individual has to pay Rs.1,000/- as examination fee and Rs.3,000/- for legal entities. A sealing fee of Rs.1,500/- for individuals and Rs.5,000/- for legal entities has to be paid at the time of grant (sealing) of patent.

Does the Patent Office Keep information of the invention Secret?

Does the Patent Office Keep information of the invention Secret?
Does the Patent Office Keep information of the invention Secret?

Yes, the Patent Office Keep information of the invention Secret. All the patent applications are kept secret upto 18 months from the date of filing or priority date whichever is earlier and thereafter they are published in the Official Journal of the Patent Office which is published every week and also available on the IPO website.

After its publication, public can inspect the documents and also may take the photocopy thereof on payment of the fee as prescribed.

A Patent in an exclusive right granted by a country to the owner of an invention to make, use, manufacture and market the invention, provided the invention satisfies certain conditions stipulated in the law. Exclusivity of right implies that no one else can make, use, manufacture or market the invention without the consent of the patent holder.

This right is available only for a limited period of time. However, the use or exploitation of a patent may be affected by other laws of the country which has awarded the patent.

These laws may relate to health, safety, food, security etc. Further, existing patents in similar area may also come in the way. A patent in the law is a property right and hence, can be gifted, inherited, assigned, sold or licensed.

As the right is conferred by the State, it can be revoked by the State under very special circumstances even if the patent has been sold or licensed or manufactured or marketed in the meantime. The patent right is territorial in nature and inventors/their assignees will have to file separate patent applications in countries of their interest, along with necessary fees, for obtaining patents in those countries.

How useful is the marking of a product with “patent pending” or “patent applied for” before the grant?

How useful is the marking of a product with "patent pending" or "patent applied for" before the grant?
How useful is the marking of a product with “patent pending” or “patent applied for” before the grant?

Marking of a product with the words “patent pending” or “Patent applied for” after filing of the application for patent serve as a notice to the public that an application for patent is pending with the Patent Office but there is no legal significance of these words.

The infringement action can be initiated only after the patent is granted.

A Patent in an exclusive right granted by a country to the owner of an invention to make, use, manufacture and market the invention, provided the invention satisfies certain conditions stipulated in the law.

Exclusivity of right implies that no one else can make, use, manufacture or market the invention without the consent of the patent holder. This right is available only for a limited period of time. However, the use or exploitation of a patent may be affected by other laws of the country which has awarded the patent.

These laws may relate to health, safety, food, security etc. Further, existing patents in similar area may also come in the way. A patent in the law is a property right and hence, can be gifted, inherited, assigned, sold or licensed.

As the right is conferred by the State, it can be revoked by the State under very special circumstances even if the patent has been sold or licensed or manufactured or marketed in the meantime. The patent right is territorial in nature and inventors/their assignees will have to file separate patent applications in countries of their interest, along with necessary fees, for obtaining patents in those countries.

Is patent application once filed is examined automatically?

Is patent application once filed is examined automatically?
Is patent application once filed is examined automatically?

The patent application is not examined automatically after its filing.  The examination is done only after receipt of the request of examination either from the applicant or from third party

A Patent in an exclusive right granted by a country to the owner of an invention to make, use, manufacture and market the invention, provided the invention satisfies certain conditions stipulated in the law. Exclusivity of right implies that no one else can make, use, manufacture or market the invention without the consent of the patent holder.

This right is available only for a limited period of time. However, the use or exploitation of a patent may be affected by other laws of the country which has awarded the patent.

These laws may relate to health, safety, food, security etc. Further, existing patents in similar area may also come in the way. A patent in the law is a property right and hence, can be gifted, inherited, assigned, sold or licensed. As the right is conferred by the State, it can be revoked by the State under very special circumstances even if the patent has been sold or licensed or manufactured or marketed in the meantime.

The patent right is territorial in nature and inventors/their assignees will have to file separate patent applications in countries of their interest, along with necessary fees, for obtaining patents in those countries.

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What is a provisional specification?

What is a provisional specification?
What is a provisional specification?

Indian Patent Law follows first to file system.  Provisional specification describes the nature of the invention to   have the priority date of filing of the application in which the inventive idea has been disclosed.

It must be followed by a complete specification describing the details of the invention along with a statement of claims within 12 months after filing of the provisional application.  If the complete specification is not filed within the prescribed period, the application is treated as deemed to have been abandoned.

Generally, an application filed with provisional specification is known as provisional application which is useful in establishing a priority date for your invention.  Moreover, filing of a provisional application is useful as it gives sufficient time to the applicant to assess and evaluate the market potential of his invention before filing complete specification.  However, it is not necessary to file an application with provisional specification and one can file application directly with complete specification.