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The Icfai Law School, Dehradun: A Submission On

The document outlines the procedure for registering patents in India, beginning with conducting a patentability search to check if the invention is patentable. It then discusses drafting the patent application forms and specification, publishing the application, examining the application by a patent officer who issues an examination report, and finally granting the patent once all objections are resolved. The document also provides rules for fees, transfers, refunds, and a graphical representation of the patent granting process.

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Jayaditya Rai
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49 views5 pages

The Icfai Law School, Dehradun: A Submission On

The document outlines the procedure for registering patents in India, beginning with conducting a patentability search to check if the invention is patentable. It then discusses drafting the patent application forms and specification, publishing the application, examining the application by a patent officer who issues an examination report, and finally granting the patent once all objections are resolved. The document also provides rules for fees, transfers, refunds, and a graphical representation of the patent granting process.

Uploaded by

Jayaditya Rai
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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THE ICFAI LAW SCHOOL, DEHRADUN

A SUBMISSION ON
Procedure for registration of patents in India

SUBMITTED TO SUBMITTED BY
Mrs. Samridhi Singh Shivansh
Srivastava
Faculty In-charge BA-LL.B (Hons) -
B
IPR 17FLICDDN02120

Checking the patentability of the invention by performing a search


Before filing a patent application in India, one should perform a detailed patentability search to
determine whether a patent for it will be available or not. You can use the below link to conduct
the patentability search http://ipindiaservices.gov.in/publicsearch . It is to be noted here that this
step in itself is not mandatory.

Drafting of patent application


1. Once the search is complete and through, the next step involved is to prepare an
application form in form 1.

2. Each application has to be accompanied by a patent specification. This has to be prepared


in form 2 where one has to provide the complete or provisional specification depending
upon the state of the invention(Whether its partially completed or completed). In case
one files a provisional application, a time gap of 12 months is provided to finalize the
invention and file the complete application.

3. A patent draft will also be required to be submitted along with the application. The patent
draft is considered a very important document as the same will be used by the patent
office in deciding whether or not patent should be granted.

Publication of patent application


Patent application filed with the Indian patent office will be published in the official patent
journal. This is generally done after 18 months of filing the application. In case one wants to get
it published earlier, he can make a request in form 9 for early publication. When a restriction is
placed by the Indian patent act with regards to the publishing of the patent, the same will not be
published in the journal.

Examining of patent application


Every application filed for protection will be examined before a patent is finally granted. The
application has to be made for examination in form 18. The earlier one makes a request, the
earlier the application will be examined by the examiner. Once the application is filed, it is
transferred to the patent officer who will examine the application to ensure the same is in
accordance with the patent act and rules. A thorough search is conducted by the officer where
he/she analyses the relevant technology in depth and the objections, if any, will be
communicated. The report issued in this case is called the First Examination Report (FER).

Grant of patent
The patent is granted once all the objections raised by the officer are resolved.

Rules to keep in mind while filing the patent application


 The fees payable with respect to the grant of patents and applications therefore, and in
respect of other matters for which fees are required to be payable are specified in the
First Schedule.

 An additional fee of 10% is payable when the applications for patent and other
documents are filed physically.

 The fees payable under the Act or rules may be paid at the appropriate office either in
cash, or through electronic means, or may be sent by bank draft, or banker‘s cheque. The
amount is payable to the Controller of Patents and drawn on a scheduled bank at the
place where the appropriate office is situated. If the draft or banker‘s cheque is sent by
post, the fees shall be deemed to have been paid on the date on which the draft or
banker‘s cheque has actually reached the Controller.

Where a fee is payable with respect to a document, the entire fee shall accompany the document.

 In case of transfer of application from a natural person to other than a natural person, the
difference, if any between the fee shall be paid by the new applicant with the request for
transfer.

In case an application by a small entity is fully or partly transferred to a person other that a
natural person, the difference, if any, between the fee shall be paid by the new applicant with the
request for transfer.

 In case an application processed by a start-up is fully or partly transferred to any person


other than a natural person or a start-up, the difference, if any, can be charged from a
start-up and such person to whom the application is transferred. In short this shall be paid
by the new applicant along with the request for transfer:
Explanation:  Where the start-up ceases to be a start-up after having filed an application for
patent due to lapse of more than five years from the date of its incorporation or registration or
the turnover subsequently crosses the financial threshold limit as defined, no such difference in
the scale of fees shall be payable.

 Fees once paid in respect of any proceeding shall not ordinarily be refunded irrespective
of whether the proceeding has taken place or not:

Exception: If the Controller is satisfied that during the online filing process, the fee was paid
more than once for the same, the excess fee shall be refunded.

 A refund is initiated only if an applicant withdraws his request for examination before
the first statement of objection is issued. Please note that this refund is only to the extent
prescribed in the First Schedule.

 Any person may deposit money in advance and request the Controller to realize any fee
payable by him from the said deposit.

 Subject to the approval of the Controller, any person may discontinue the deposit of
money in advance and in such case the balance, if any, shall be refunded.
Graphical representation of Patent granting procedure

Patent

Publication

Pre grant opposition

Examination Acceptance/Opposition

Publication Opposition/no opposition

Publication of grant

Post grant oppose

Patent Granted

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