Indian patent application

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Release time:2016-05-12

1.Indian patent application route

Foreign companies can apply for a patent in India in the following ways:

First, through the Paris Convention route, that is, to make a "basic application" (BASIC APPLICATION) abroad, and then to enter India within 12 months to apply-called "Convention application" (INDIAN CONVENTION APPLICATION);

 

The second is to apply for PCT (PCT INTERNATIONAL APPLICATION) through PCT (Patent Cooperation Treaty) and then enter the Indian national phase within 30/31 months (INDIAN NATIONAL PHASE APPLICATION);

 

It is of course also possible to apply for a patent directly in India (known as a ORDINARY APPLICATION), if the domestic law of the foreign country allows it. In this case, a "provisional specification" (PROVISIONAL SPECIFICATION), equivalent to a US provisional application (PROVISIONAL APPLICATION), can be submitted first, and then a "complete specification" (COMPLETE SPECIFICATION), equivalent to a US formal application (NON-PROVISIONAL APPLICATION), can be submitted within 12 months.

 

In addition, within the validity period after the patent is granted, a "supplementary patent application" (called the FOR PATENT ADDITION) can also be filed based on the existing patent (APPLICATION the main patent). A supplementary patent is a patent granted by the Patent Office for the improvement or amendment of an existing patent, and the existence of the supplementary patent presupposes the valid existence of the main patent, and when the main patent is declared invalid, the patentee may request the Patent Office to turn the supplementary patent into an independent patent and continue to enjoy the remaining protection period of the original protection period of the main patent.

 

2.Information Required for Indian Invention Patents

1,Patent specification (translation required)

2,Name and address of applicant and inventor (in Chinese and English)

Material Required for Indian Design Patents

1,Appearance six-sided drawing

2,Name and address of applicant and designer (in Chinese and English)

 

3. Indian Patent Application Process

Indian patent application procedures: official electronic acceptance receipt within one month after application. Under normal procedures, it takes 3 years for a patent application to be authorized in India (from the priority date); However, early disclosure and accelerated examination can be used to speed up the patent authorization process to the greatest extent. For example, a convention application requires that it be made public 12 months from the priority date, and at the same time it is submitted for trial. It will be answered immediately after receiving the examination report within 6 months. If it goes smoothly, it can be patented in about 2 years at the shortest.

1. A formal application is filed in India within 12 months after the basic application or provisional application (priority application);

2. The application text shall be disclosed 18 months from the priority date, or it may be requested to be disclosed in advance (EARLY PUBLICATION), and it shall be disclosed within 1 month after the request is submitted; There is a 6-month objection period (the objection is called Pre-Grant Opposition) after receiving the objection from others, and the reply shall be made within 3 months after receiving the objection from others;

3. A request for actual examination (REQUEST FOR EXAMINATION,RFE) may be submitted within 48 months from the priority date; The Patent Office shall make the first examination report (FIRST EXAMINATION REPORT) within 6 months from the date of the request for actual examination or the date of publication (whichever is the later); You can also request accelerated examination (REQUEST FOR EXAMINATION); Within 12 months after the first examination report is made, submission of reply (RESPONSE TO OFFICE ACTION) and/or modification of patent application documents;

When all requirements have been met, the Patent Office grants the patent; there is a 12-month disagreement period (known as the Post-Grant Opposition).