THIS PDF FOR RA

1. Patent Filling Procedure

2. Introduction:
• India grants patent right on a first-to-apply basis.
• The application can be made by either (i) the inventor or (ii) the assignee
or legal representative of the inventor.
• Patent right with respect to any invention are created only upon grant of
the patent by the Patent Office following the procedure established by the
patents Act and Rules.
• India follows a declarative system of patent rights..
• Three types of applications that could be files in the Patent office:
• Regular Application
• Convention Application : India has published a list of convention countries
under Section 133 of the Patents Act and is also the member of the Paris
Convention. The convention application has to be filed within one year from
the date of priority and has to specify the date on which, and the convention
country in which the application for protection was made. The priority
document has to be filed with the application.

3. Introduction:
• Patent Cooperation Treaty (PCT) National Phase Application:
• The PCT is an international treaty with more than 145 Contracting States.
• The PCT makes it possible to seek patent protection for an invention
simultaneously in a large number of countries by filing a single “international”
patent application instead of filing several separate national or regional patent
applications.
• The granting of patents remains under the control of the national or regional
patent Offices in what is called the “national phase”
• Procedure:
• Filing: you file an international application with a national or regional patent
Office or WIPO, complying with the PCT formality requirements, in one
language, and you pay one set of fees.
• International Search: an “International Searching Authority” (ISA) (one of
the world’s major patent Offices) identifies the published patent documents and
technical literature (“prior art”) which may have an influence on whether your
invention is patentable, and establishes a written opinion on your invention’s
potential patentability.

4. Introduction:
• International Publication: as soon as possible after the expiration of 18 months
from the earliest filing date, the content of your international application is
disclosed to the world.
• Supplementary International Search (optional): a second ISA identifies, at
your request, published documents which may not have been found by the first
ISA which carried out the main search because of the diversity of prior art in
different languages and different technical fields.
• International Preliminary Examination (optional): one of the ISAs at your
request, carries out an additional patentability analysis, usually on an amended
version of your application.
• National Phase: after the end of the PCT procedure, usually at 30 months from
the earliest filing date of your initial application, from which you claim priority, you
start to pursue the grant of your patents directly before the national (or regional)
patent Offices of the countries in which you want to obtain them.

5. Procedure:
Filing of the
Application
Meeting
Procedural
Objections
Publication of
The
Application
On the date the application is filed, it is numbered
Generally within a month of filing the application,
the Patent Office sends a preliminary objection
letter, which has to be complied with within a
specified time limit.
The application is published in the Official Gazette
and is open to public after 18 months from the date
of filing of application or the date of priority of the
application, whichever is earlier. An application for
earlier publication could be filed by the applicant.

6. Procedure:
Request for
Examination
First
Examination
Report
Pre Grant
Opposition
A request for examination can be
filed by the applicant or any other
interested person within 6 months
from the date of priority or filing of
the patent application, whichever
is earlier.
Within 3 months from the date of
publication or before the grant of
patent whichever is later any
person may file opposition on
limited grounds.
The Examiner of Patents is required to issue a
First Examination Report, within one month but
not exceeding three months from the date of the
reference. The Report raises various substantive
and procedural objections.

7. Procedure:
Meeting the
official
Objections
Grant of the
Patent
Post Grant
Opposition
The applicant is required to comply with the
objections to put the application in order for
acceptance within 3 months from the date of the
Report. This period may be extended by another 3
months by filing an application to that effect.
The patent is granted if the applicant complies with
objections raised in the First Statement of Objections
within 6 months (extendable by 3 months) from the
date of first Statement. Otherwise the application is
deemed to have been abandoned.
Within 1 year from the date of publication of grant of
a patent, any person interested may file an
Opposition on the grounds enlisted in section 25(3).

8. THANK YOU…