Patent Prosecution in India includes the following stages:

1.     Filing of patent application

2.     Publication of patent application on request or after 18 months from date of filing or priority whichever earlier

3.     Filing of request for Examination within 48 months from date of application or priority whichever is earlier

4.     Issuance if First Examination Report containing all the objections to grant of patent for complying within 6 months from date of issuance of same

5.     Responding to the examination report and compliance

6.     Issuance of further Examination report/s till all objections are complied as per satisfaction of the Examiner

7.     Responding to further Examination reports till all objections are complied or objections are contested.

8.     Interviewing the Examiner

9.     Hearing with Controller, if requested within prescribed time and objections are contested

10.   Acceptance of patent application on or before final date of acceptance i.e. 6 months from date of issuance of first examination report or within further extended time frame of 3 months

11.   Grant of Letter Patent Document by Patent office within 7 days of acceptance of application

Publication: The Patent applications in India are ordinarily published after 18 months from date of filing or priority whichever earlier or when a request is made in this behalf provided no secrecy directions are imposed in this regard by Controller of Patents or Central Government. From the date of publication the applicant for patent has same right as a patentee but the right can be exercised only after grant of patent. The right can be exercised retrospectively from date of publication of application subject to Indian Limitation Act.

Pre- Grant Opposition: From the date of publication of the patent application in the Indian Patent Journal till the patent is granted, any person by way of representation can file an opposition to the Patent Application provided a request for examination has been filed. Thereupon, the patent shall not be granted until the opposition is set aside.

Examination:For substantive examination of the patent application in India a request for examination has to be filed within 48 months from date of filing of application or date of priority whichever is earlier. In case of secrecy directions the request has to be made within aforesaid period or within 6 months from date of revocation of secrecy direction whichever is later. In case of divisional applications the request has to be made within periods stated above or within 6 months from date of filing of divisional application whichever is later.

Now-onwards the Examination report shall be issued by email in respect of application having the email address in address of service furnished along with Application form. The complete specification shall not be forwarded along with the application, but in exceptional cases, the pages where some amendment or correction is required, only those pages of the specification would be send by email. Where no email id is provided, the examination report etc. shall be dispatched by post.

It is possible to expedite examination of Patent Application in India where either applicant is a “start up” or in case of PCT national phase India was chosen as ISA or IPEA.

Patent Grant:Once the applicant satisfies all the objections of the Examiner and complies with all the requirements under the Indian Patents Act and the Patents Rules, the Patent Office issues an intimation regarding acceptance of application and within 7 days of acceptance of the application the Letters Patent Documents is issued to the applicant. Now onwards the Grant certificate is issued vide email.

Post Grant Opposition:In India patent grant can be opposed by any interested person within 12 months from the date of publication of the Grant of patent in the Patent Office Journal by a notice of opposition.

Duration of Patent and Renewal:Duration of Patent in India is 20 years from date of filing in India for ordinary as well as conventional patent applications and for PCT national phase patent applications 20 years from date of filing of International PCT application. After grant of patent renewal fee has to be paid in respect of 3rd year onwards till the 20th year and must be paid before the expiration of respective years. The Pending Annuity as on date of Grant shall be paid within 3 months from the date of Grant. The patent shall be revoked if renewal fee is not paid in prescribed time and during the period between the revocation of patent till it is restored, the patentee cannot take any action against any infringement of patent by anyone.