Patents in India – Part II

Patents in India – Part II

In this part, we will be discussing and breaking down the procedure to file a patent in India. Before moving towards the procedural part, let’s understand the basic process to file a patent application.

The application can either be filed physically in one of the 4 offices in India, which are located in Mumbai, Delhi, Kolkata and Chennai. Another way is to file the application online on their website, http://www.ipindia.nic.in/index.htm. To create an account on this website, you will need a Class III Digital Signature. Once the account is created, you can access it for filing, payments etc. Now we will discuss the procedure of filing.

Patent Application filing and Documents required

There are various forms that are required to be filed for a patent application. You can access these forms through your account on the website. We will list down the mandatory forms that need to be filed for the application.

  1. Form 1: Application for the Grant of Patent- As the name suggests, this form is filled with the details of the inventor, applicant or the assignee, like name, the local address for correspondence, type of person applying.
  2. Form 2: Provisional or complete specifications- In this form, you have to fill in your patent specification, be it provisional or complete. If its a provisional application, the first page should read as: The following specification describes the invention. If its a complete specification, the first page should read as: The following specification particularly describes the invention and the manner in which it is to be performed.
  3. Form 3: Statement and Undertaking under Section 8- This is filled and signed to keep the patent office informed if there are any other patent applications made for your current invention in any other convention countries.
  4. Form 5: Declaration as to Inventorship- This is filled and signed for the protection of the inventors.
  5. Form 18: Request for the Examination of the Application- This form can be filed up to 48 months from the date of you patent application. Your application will not be considered for examination unless you file this form.

Procedure for grant of Patent

After the patent application is made, the request for examination of your patent application is made to the Indian Patent Office (IPO). The IPO then issues a First Examination Report (FER) for your application which mentions any objections that might have been raised with respect to your application. A total of 12 months’ time is given to you to comply with those objections made in the FER. If you fail to comply within the time limit, your application stands abandoned. If you are able to rectify or remove the objections, the application is granted and published in the Patent Office Journal.

Our team at CPIP will guide you through this process and help with all the steps. Do reach out to us if you need any assistance with your Patent Application.

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