1. Stages of filling patent in
India
BY
Swati Gupta
M.Pharm (DRA)
23/MPH/16
2. Patent
Patent is a grant of exclusive rights to the
owner , to exclude others from making,
using, offering for sale, selling or importing
patented invention
In return the inventor has to disclose the
patent to the public
Also knowns as “deed” to the invention
3. Patent in India is granted by
(i) Indian patent office,
(ii) Ministry of commerce and
(iii) Govt of India
It is located at 4 location in India
1. Delhi
2. Mumbai
3. Chennai
4. Kolkata
An application for filing a patent in India can be
filed by any single person or jointly with other
person
4. Patenting criteria in India
Patent is granted on new invention provided the
following criteria
#1. novelty
#2. inventive step
#3. industrial application
Novelty :- the invention should not have been
published in India or elsewhere
Inventive step :- means a feature of an invention
that involves technical advancement as compared
to the existing knowledge or having economic
significance or both and that makes the invention
not obvious to a person skilled in the art
Industrial application :- capable of being used.
5. Non patentable invention in india
1. any artistic creation
2. Mathematic method
3. Business scheme
4.Any thing against
universal law
6. Patent filing in India
Step 1.filing provisional application
A provisional application is a temporary
application which is filed when the
invention is not finalized and is still
under experimentation
Step 2. filing the complete specification
Once we filed provisional application
we have 12 months of time to draft
complete patent application giving full
details of the invention
7. Step 3. publication
Once the complete specification is filed
patent office will publish the application
official gazette of indian patent office
within 18 months from priority date
And is available to public in digital format at
website ipindia.nic.in
Step 4. pre grant opposition
After publication invention is available to
public so any person/ party interested can
file request to controller and can oopose
the patent by writing application to the
controller
8. Step 5 examination
Application is examined on request and can be
made either by the applicant or by a third
party.
Examiner undertakes examination w.r.t.
whether the claimed invention is not prohibited
for grant of patent
whether the invention meets the criteria of
patentability
After all the points are checked by examiner he
prepares the First Examination Report
containing a list of objections
9. Step 6. Response from the Applicant
If objections are met, grant of patent is approved
by the Controller – within a period of 1 month
Step 7. Grant of patent
Under section 43, if the controller is satisfied
and finds the application in order of grant ,
then he grants the patent application
A certificate of patent is issued within 7 days
For a term of 20 years from the Date of filing
the Patent Application
10. Flow diagram of patent
procedure
FILING OF APPLICATION
PROVNL. / COMPLETE
PUBLICATION OF APPLICATION
REQUEST FOR EXAMINATION
EXAMINATION-ISSUE OF FER
GRANT OF PATENT
