A patent is granted as an exclusive right by the Government for an invention for a limited period of time in consideration of disclosure of the invention by an applicant. A patentee enjoys exclusive right to prevent a third party from an unauthorized act of making, using, offering for sale, selling or importing the patented product or process within the country during the term of the patent. A patented invention becomes free for public use after expiry of the term of the patent or when the patent ceases to have effect on account of non-payment of renewal fee. Our patent services include the followings
- Prior Art Search
- Freedom to Operate Search (FTO)
- Registration of Patent at domestic level
- Registration of Patent at International level including filing PCT National Phase Application
- Contesting & Defending Patent Opposition
- Renewal of Patent
- Action against infringement
Patent Prosecution in India
The following documents must accompany the application:
- Application for grant of patent in Form 1
- Form 2 accompanied by two copies of the complete patent specification
- Two sets of the drawing figures, if any, one set of which should be in thick A-4 size white sheets
- Power of attorney in Form 26 authorizing the agent
- Declaration of the inventorship in Form 5
- Priority documents, if any, if not in English, English translation thereof
- The Statement and Undertaking regarding corresponding foreign filings in Form 3; and
Form 1 must be signed by the inventors. However it could be signed by the agent at the time of lodgment and it can be substituted with a duly signed one within 3 months from the date of lodgment or at any time before acceptance of the complete specification. To claim priority from corresponding foreign filings, certified copies of the priority document must be filed.
The Applicant for a Patent can be either the true and first inventor or the assignee or legal representative of the true and the first inventor.
All patent applications will be published in the official gazette on the expiry of 18 months from the date of filing or the date of priority whichever is earlier. Applications wherein a secrecy direction is given under section 35 shall not be published.
Any person can file a representation by way of opposition against the grant of patent, once the application is published. The representation shall be considered by the Controller only when a request for examination of the application has been filed.
The Patent Office will examine an application only if the applicant files a request for examination. The request for examination must be filed after the publication of the application but within 48 months from the date of priority or date of filing, whichever is earlier. The request can be filed by any interested person. Once the request is filed, the Patent Office will issue the First Examination Report. The Applicant must respond to the objections raised by the Examiner within the prescribed time period.
Once the applicant complies with all the requirements under the Patents Act and the Patents Rules, the Patent Office will issue a notice regarding Intimation of Grant. Thereafter, the Letters Patent shall be issued to the applicant.
The Pre-Grant Opposition by way of representation can be filed after publication of the application in the Patent Journal till the grant of the patent by any person against the grant of patent. The Post Grant Opposition can be filed by any interested person within 12 months from the date of publication of the grant at the appropriate office.
Grounds for opposition:
The major grounds on which the representation or opposition can be made are (a) wrongful obtainment; (b) obviousness; (c) non-patentable subject matter; and (d) anticipation having regard to the knowledge, oral or otherwise, available within any local or indigenous community in India or elsewhere.
A renewal fee is to be paid at the expiration of two years from the date of Patent and before the expiration of all succeeding years. A patent becomes ineffective if the renewal fee is not paid in time.