Intellectual Property Rights is an important part of protecting the rights of a creator or inventor. One of the ways to do so is through patents. Here is a brief explanation on how can apply for a patent.

1. PROCEDURE OF FILING
PATENTS
DONE BY
KEVIN ANIL

2. WHO CAN APPLY
FOR A PATENT?
An application for a patent may be
submitted by:
 Any person claiming to be the true and
first inventor of the invention.
 Any person being the assignee of the
person claiming to be the true and first
inventor in respect of the right to make
such an application.
 By the legal representative of any
deceased person who immediately
before his death was entitled to make
such an application.

3. WHERE TO
APPLY
 For applicants resident in India, appropriate office is
determined according to place of
residence/business/origin of invention.
 For applicants not resident in India or with no place of
business in India, appropriate office would be
according to the address for service given in the
application form.

4. PATENT
OFFICES
Head Office – Kolkata
Branch offices at
 Mumbai
 Delhi
 Chennai
The Patent Office comes under the Ministry of
Commerce & Industry. Each of the branch offices have
their own fixed territory and accept application forms
from areas lying within its geographical limits.

5. PROCEDURE

6. APPLICATION
File an application for patent
 With one of the patent offices based on territorial jurisdiction of
the place of office or residence of the applicant /agent
 Pay the required fee which may vary from Rs. 1000-4000
 Information and guidelines are available at www.ipindia.nic.in
 An Examiner checks the formal requirements before accepting
the application and the fee
 An application number is issued

7. PUBLICATION
Application is kept secret for a period of 18 months
from the date of filing.
In 19th month, the application is published in the
official journal – this journal is made available on the
website weekly.
Applicant can get it published before 18 months, in
which case it will get published 1 month after the
request

8. REQUEST FOR
EXAMINATION
 Application is examined on request
 Request for examination can be made
either by the applicant or by a third party.
 A period of 48 months, from the date of
filing, is available for making request for
examination

9. EXAMINATION
AND ISSUE OF
FER
Application is sent to an Examiner within 1 month from the date of request
for examination
Examiner undertakes examination with respect to criterias
A period of 1 to 3 months is available to Examiner to submit the report to
the Controller
1 month’s time available to Controller to assess the Examiner’s report
First Examination Report (FER) containing list of the objections is issued
within 6 months from the date of filing of request

10. PRE-GRANT OPPOSITION
After publication, an opposition can be filed within a period of 6 months
Opposition documents are sent to the applicant and a hearing is called. Applicant’s response should be in 3 months
After examining the opposition and submissions made during the hearing, the controller may reject the opposition or
accept it and modify/reject the patent application, which is done within 1 month of opposition proceedings

11. GRANT OF PATENT
A certificate is issued in 7 days Grant of patent is published in the official journal

12. FILING OF APPLICATION
PROVITIONAL/COMPLETE
PUBLICATION OF
APPLICATION
(PROMPTLY AFTER 18
MONTHS FROM F.D.)
REQUEST FOR EXAMINATION
(WITHIN 48 MONTHS FROM
F.D.)
EXAMINATION-ISSUE OF FER
(ALL OBJECTIONS TO BE
COMPLIED WITHIN 12
MONTHS)
GRANT OF PATENTDECISION OF CONTROLLER
APPELLATE BOARD REVOCATION/AMENDMENT
3rd PARTY
REPRESENTATION
OPPOSITIONAPPEAL

14. THANK YOU