Patent Prosecution in India

Please note that as per recent internal procedures issued by the Controller General of Patents, the patent applications shall only be published if the power of Attorney is filed with the application or before or within 3 months of requisitions made by the Controller. Further Abstract should be as per the Indian Patent Law and Practice and the specification should by in Hindi or English only then the application shall be published. The Controller shall issue a letter to this effect and within 3 months same should be rectified to allow the application to proceed towards publication in India. Publication is important as in India right accrues from the date of publication of Application in India.

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 Controller if Patent is not granted   

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 and 3 months thereafter if extension is requested  

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