Patent Registration in India – Professional Rephrased Version (Pointer Format)

Patent Registration Process

1. Filing of Patent Application

A patent application in India must be filed in accordance with The Patents Act and The Patents Rules. The following documents are required:

• Application for Grant of Patent

• Detailed Drawings/Diagrams supporting the invention

• Declaration of Inventorship

• Priority Claim documents, if applicable

2. Publication & Representation

• Patent applications are published in the Official Gazette after 18 months from the filing date.

• If a priority claim is made, it will be published accordingly.

• Upon publication, third parties are allowed to file representations or pre-grant oppositions challenging the application.

3. Examination Process

• The Patent Office conducts a substantive examination of the application.

• If objections arise, the applicant must submit amendments or clarifications to comply with statutory requirements.

4. Grant of Patent & Post-Grant Opposition

• Once all formalities are completed, the Patent Office issues a Notice of Grant, followed by the Letters Patent.

• After publication of grant in the Patent Journal, interested persons may file a post-grant opposition within the prescribed timeframe.

5. PCT National Phase Filing

• As a member of the WTO and a signatory to the Paris Convention, India allows patent applications with priority claims from member countries.

• Under the PCT (Patent Cooperation Treaty), India can be selected as a Designated Country, enabling applicants to file National Phase applications in India.

6. Rights of a Patentee

A granted patent provides the patentee with exclusive rights, including:

• Right to make, use, sell, offer for sale, and import the patented invention

• Right to license the technology to third parties

• Right to legally prevent others from unauthorized use, sale, or manufacture

7. Compulsory Licensing

• An interested party may apply for Compulsory Licensing after 3 years from the date of grant.

• Applications can be made only on prescribed statutory grounds (e.g., unmet public requirements, non-working of patent in India, excessive pricing, etc.).

Our Services

• Prior Art Search & Patentability Assessment

• Drafting & Filing of Patent Applications

• Patent Infringement Advisory & Enforcement

• Patent Licensing & Commercialization Support

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