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Patent registration

The process for securing grant of patents in India takes on an average 3 to 4 years. The entire process may be summarized in the form of the following stages:

        1. Search and Drafting and Filing of Application

  1. Publication of Application 
  2. Request for examination RFE
  3. Examination & issue of office action FER
  4. Removal of objections, Hearing of the application and placing the application in order for grant
  5. Paying Annuity on annual basis.

Filing of application

The process for securing a grant of patent in India starts with the filing of application at the Indian Patent Office.

Publication

Every application filed has to be first published before it can be examined by the patent office, as provided by section 11 (A) of the Indian Patents Act, 1970. The publication takes place on or after the completion of 18 months from the filing date. An early publication may be requested by the applicant in order to expedite the patent process. An application in case of request for early publication is expected to be published within one month of request

Request for examination

 A request for examination must be filed within 48 months from the date of filing an application or the priority date whichever is earlier or the application will be deemed to have been abandoned. Once the request for examination is made and after the application has been published, the application will be taken for examination.

Examination  & issue of office action

Once the request for examination is filed, the application will be examined by the Examiner to determine if the invention is eligible for grant of a patent. The application will be examined on the following criteria:

∙ Novelty∙        
 Inventive step∙  
  Utility  

A First Examination Report (FER) will be issued by the patent office to the applicant or his agent after an examiner has conducted the examination of the application. 

Finally after removing the objections if raised by the Examiner, the Patent is granted.

The Term for which is Patent is granted is 20 years from the day of which the Application is filed.

 

Government Fee:- As per actuals (Depends upon Entity:- Individual or Company) (1600+ 4000) IN INDIVIDUAL, In case of Company it is Rs. 28000 , In case of MSME Company it is 14000

 

Legal Right Starts from DAY 1 , when the application is filed.