Patent Process

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A Presentation by Nitin Nair, Partner- BananaIP Counsels

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Patent Process

  1. 1. Patent Process By Nitin Nair
  2. 2. Patent Process - Agenda • Filing • Publication • Examination • Pre-Grant Opposition • Grant • Post-Grant Opposition
  3. 3. Patent Process - Filing Patent Application Form of Application • Provisional Application (Provisional Specification + Filing documents) • Non Provisional/Complete Application (Complete specification + Filing documents) Priority Date- filing date of the first application in a chain of applications
  4. 4. Patent Process - Filing Types of Application • Domestic Application • Convention Application • International Application • National Stage Application
  5. 5. • Patent Offices • Mumbai • Chennai • Delhi • Kolkata Patent Process - Filing
  6. 6. Applicants • True and First Inventor • Assignee of the inventor • Legal representative of the deceased person Patent Process - Filing
  7. 7. Patent Process - Publication • Notice to Public (18 months from the priority date) • Rights start from the date of publication • Request for early publication
  8. 8. Patent Process - Examination • Proper request must be filed • By the Applicant • By the interested person (person engaged in or in promoting, research in the field of the invention) • Time limit- 48 months from priority date • Formality check • Prior Art search and analysis by the Examiner
  9. 9. Patent Process - Examination • First Examination report from the Examiner within 6 months from the date of request • Response from the Applicant within 12 months
  10. 10. Patent Process - Pre-Grant Opposition • Should be filed after the application has been published and before grant • Will be considered only when Request for Examination is filed • May be filed by any person • Should include statement and evidence
  11. 11. Grounds • Wrongful obtainment • Invention in public domain • No sufficient disclosure • Failure to disclose the information as to corresponding foreign application • Failure to file convention application within 12 months Patent Process - Pre-Grant Opposition
  12. 12. Patent Process – Grant • 3-4 years from the date of filing • To be renewed every year after 2 years from the grant date • Period of 20 years from priority date
  13. 13. Patent Process - Post-Grant Opposition • Should be filed within one year from the grant of patent • Must be filed by an interested person • Grounds • Wrongful obtainment • Invention in public domain • No sufficient disclosure • Failure to disclose the information as to corresponding foreign application • Failure to file convention application within 12 months
  14. 14. Thank you Nitin Nair nitin@bananaip.com 9901633100 www.bananaip.com

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