Patent Process

Patent Process

By

Nitin Nair

Patent Process - Agenda

• Filing

• Publication

• Examination

• Pre-Grant Opposition

• Grant

• Post-Grant Opposition

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

Patent Process - Filing

Types of Application

• Domestic Application

• Convention Application

• International Application

• National Stage Application

• Patent Offices

• Mumbai

• Chennai

• Delhi

• Kolkata

Patent Process - Filing

Applicants

• True and First Inventor

• Assignee of the inventor

• Legal representative of the deceased person

Patent Process - Filing

Patent Process - Publication

• Notice to Public (18 months from the priority date)

• Rights start from the date of publication

• Request for early publication

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

Patent Process - Examination

• First Examination report from the Examiner within 6 months from the date of request

• Response from the Applicant within 12 months

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

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

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

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

Thank you

Nitin Nair

nitin@bananaip.com

9901633100

www.bananaip.com