Indian Patent Examining after Filing Patent

Patents in the USA

This article describe about the method and procedure of Patent Examining in Indian Patent office after filing the Patent.

The Patent filing and examining is having some set of formal procedure in India. Every country has their own procedure like India also. India is having four Patent offices in main cities Newdelhi, Mumbai, Kolkata and Chennai. A normal person or Industrial applicant can file a Patent according to the rules and regulation of the Indian Patent office with the sufficient forms and money.

All the applications for patent accompanied by complete specification are examined substantively. A first examination report stating the objection(s) is communicated to the applicant or his agents. Application or complete specification may be amended in order to meet the objection(s). Normally all the objections must be met within 15 months from the date of first examination report. Extension of time for three months is available, but application for extension therefore must be made before the expiry of normal period of 15 months. If all the objections are not complied with within the normal period or within the extended period the application will be deemed to have been abandoned. When the application is found to be suitable for acceptance it is published in the gazette of India (Part III, Section2 - Patent Publication). It is deemed laid open to the public on the date of publication in the gazette of India.

Notice of opposition must be filed within four months of notification in the Gazette. Extension of one month is available, but must be applied for before expiry of initial four month period. If the application is not opposed or the opposition is decided in favour of the applicant or is not refused the patent is granted or sealed on payment of sealing fee within 6 months from the date of advertisement. However, it is extendable by three months.

About the Author:

Design Engineer, Tata Elxsi Limited, ITPB Road, Whitefield, Bangalore - 560048, Karnataka, India - Mail: mskumar@tataelxsi.co.in / mskumar86@myway.com - Ph: +91 9916516728

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