A Presentation on the Indian Patent process - Ms. Adithi Varna
Contact Us for Intellectual Property Services
BananaIP Counsels
Regd Office
No.40,3rd Main Road,JC Industrial Estate,
Kanakapura Road,Bangalore – 560 062.
Email: contact@bananaip.com
Telephone: +91-80-26860414 /24/34
2. Filing RequirementsFiling Requirements
Place of applicationPlace of application
Persons entitled to applyPersons entitled to apply
Type of specifications (provisional or complete)Type of specifications (provisional or complete)
Types of applicationTypes of application
Priority datePriority date
3. Various Types of Application inVarious Types of Application in
IndiaIndia
Ordinary applicationOrdinary application
Convention applicationConvention application
PCT international applicationPCT international application
PCT National phase applicationPCT National phase application
Application for Patent of additionApplication for Patent of addition
Divisional ApplicationDivisional Application
4. Documents to be submitted at theDocuments to be submitted at the
time of filingtime of filing
Form 1Form 1 - Application for the grant of patent.- Application for the grant of patent.
Form 2Form 2 - Provisional or Complete Specification.- Provisional or Complete Specification.
Form 3Form 3 - Statement and undertaking by the applicant.- Statement and undertaking by the applicant.
Form 5Form 5 - Declaration as to inventorship.- Declaration as to inventorship.
Form 26Form 26 - Authorization of patent agent or any other person. (if filed- Authorization of patent agent or any other person. (if filed
through an agent)through an agent)
Priority document details have to be filed for a ConventionPriority document details have to be filed for a Convention
application.application.
Proof of right if the application is made by the assignee.Proof of right if the application is made by the assignee.
5. Statement and undertaking by theStatement and undertaking by the
applicantapplicant
Periodic intimation to patent office about StatusPeriodic intimation to patent office about Status
of substantially same application/Invention filedof substantially same application/Invention filed
outside Indiaoutside India
Submission of any examination reports/searchSubmission of any examination reports/search
reports issued in any country outside Indiareports issued in any country outside India
6. PublicationPublication
Date of publicationDate of publication
Open for public inspectionOpen for public inspection
Rights of patentee startRights of patentee start
Early publicationEarly publication
Rights start earlyRights start early
7. ExaminationExamination
Request for examinationRequest for examination
Formal examinationFormal examination
verifying the propriety and correctness of allverifying the propriety and correctness of all
documentsdocuments
verifying the patentabilityverifying the patentability
First Examination Report (FER)First Examination Report (FER)
AmendmentsAmendments
8. GrantGrant
Order for grantOrder for grant
GrantGrant
Publication of grantPublication of grant
Rights of patentees can be enforcedRights of patentees can be enforced
Renewal fee Payment for the period of 20 yearsRenewal fee Payment for the period of 20 years
to keep the patent in forceto keep the patent in force
9. Working Of PatentsWorking Of Patents
Information regardingInformation regarding
quantum/Value/importation/Licenses and sub- licensesquantum/Value/importation/Licenses and sub- licenses
of Patented Invention commercially worked in Indiaof Patented Invention commercially worked in India
Periodic Information to Submitted by Patentee/LicenseePeriodic Information to Submitted by Patentee/Licensee
Principle of Working of PatentsPrinciple of Working of Patents
11. Portfolio Management ServicesPortfolio Management Services
Web based portfolio management solutionWeb based portfolio management solution
Brain League’s Proprietary SoftwareBrain League’s Proprietary Software
Manages Intellectual Property applicationsManages Intellectual Property applications
Initial Filing to Grant & Post Grant Maintenance.Initial Filing to Grant & Post Grant Maintenance.
17. New alerts may be added or existing alerts may be
modified using the respective tabs .
A query
report in
excel can be
generated by
clicking ‘Run
Alert Query ‘
tab
18. New alert may be added by specifying the
‘extent’ and frequency of the alert
19. SUMMARY OF FEATURESSUMMARY OF FEATURES
DOCKETINGDOCKETING
EASY RETRIEVALEASY RETRIEVAL
CURRENT STATUS VIEWCURRENT STATUS VIEW
ONE STOP FOR ALL RELEVANT INFORMATIONONE STOP FOR ALL RELEVANT INFORMATION
CUSTOMER ALERTSCUSTOMER ALERTS
ALERTS CONFIGURABLE AS PER CONVENIENCEALERTS CONFIGURABLE AS PER CONVENIENCE
20. Thank youThank you
More Details VisitMore Details Visit
Web:Web: www.bananaip.comwww.bananaip.com
Blog:Blog:
http://www.bananaip.com/sinapse-bloghttp://www.bananaip.com/sinapse-blog
Email:Email: contact@bananaip.comcontact@bananaip.com
A Property of BananaIP
Notes de l'éditeur
Place of application: India is divided in to 4 Jurisdiction- depending on applicant’s jurisdiction or if applicant is not Indian Attorney’s jurisdiction.
-An invention originated from India and having attest one Indian Inventor is entitled to file
Advantages of filing Provisional Application:
Priority
Disclose to third party for funding
Explore commercial feasibility
Decide to continue the application
Decide countries of interest
Patent office has to be intimated about the status of application filed outside India within 6 months from:
Filing application outside India
Upon Receipt of Examination report/Search report from other Jurisdictions or patent offices outside India.
Request for Examination has to be made before 48 months from date of priority otherwise the application shall be abandoned
A response to FER have to be made before 12 months from the date of FER
Hearing may also be called for or the applicant may request formally for such hearing
Working patents has to be filed every year by the patentee or the licensee
Principle :
Encourage Invention and to secure that they are worked in commercial scale in India
Not merely to enjoy monopoly by the right holder
Promotion of technology innovation
Unreasonable restrain on trade due to exclusive right
Patented article to be made available at reasonable affordable price to public.