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Patent Filing Process in India

Patent Filing Process in India


In India a PCT application into National Phase is required to be filed within 31 months from the priority date. A convention application can be filed within 12 months with further grace period of six months at the discretion of the Controller. A patent application must be accompanied by Form 1, Form 2, Form 3 and Form 5. These forms must contain complete information about the invention, inventors and the applicant. Once the application is filed, the inventors are required to file a Request for first Examination in form 18 within fourty eight months from the priority date. After the request has been applied an examination report is issued by the examiner. The applicant is required to file a reply within one year from the date of receipt of examination report. If the Examiner or Controller as the case may be, gets satisfied with the reply than he shall publish the same in patent journal. If it is not opposed for a period of three months with further grace period of one month than it will be considered for registration. However a patent application can be opposed even after acceptance of the same. This is the basic procedure as far as patent filing in India is concerned. It is to be noted that if proper action is not taken before every due date than the application will be treated as abandoned by the client. So, in order to safeguard the interest of respective inventors, it is necessary to file patent application at the earliest and through professionals well versed in this field.

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