Acquisition of Patent

Who may apply for a Patent?

Section 6 of the Act provides for the persons entitled to make an application for a patent.
Any person who is the first and true inventor of an invention can apply for a patent in
regards to that invention in the patent office. However, such a right to make an application
can be transferred in favour of an assignee of the first and true inventor of the invention. In
such case, the application has to be accompanied by a proof of right to make an
application along with a declaration that the person so claiming is the first and true inventor
of the invention. An application for a patent may also be filed by a legal representative of a
deceased person who was entitled to such patent before his death.
Different types of Applications under The Patents Act, 1970
Convention Application:
According to Section 135 of the Act, a convention application is an application made under
the Act within 12 months from the date on which the application for a patent in respect of
an invention in a convention country (also called ‘basic application’). The application is filed
in terms of an international treaty such as the Patent Cooperation Treaty (PCT) designating
India. In such a case, the priority date of the complete specification is the date on which the
basic application was filed, if the claim is based on the matter disclosed in the basic
application.
For the purpose of determining the period of 12 months in case the applicant has furnished
two or more similar applications, the period of 12 months starts from the date on which the
earliest application was furnished.
International Application:
International application is an application that is filed in accordance with the Patent
Cooperation Treaty. Such applications provide patent protection in a large number of
countries through a single application instead of filing a number of regional applications.
Such application is treated as an application for a patent under the Act if it is filed before the
Controller in India. The filing date of such application is considered to be the international
filing date as accorded under the Patent Cooperation Treaty. The complete specifications
include descriptions, drawings, abstracts and claims filed along with the International
application under the Act.
Divisional Application:
Section 16 of the Act deals with the division of an application. Such application may be made
either at the desire of the applicant before the grant of the patent or on the demand of the
Controller to remedy the objection raised by him on the grounds that the claims of the
complete specification relate to more than one invention. In such case, the applicant may
file further application in respect of the invention mentioned in the provisional or complete
specification, as the case may be, along with the already mentioned application. However,
the complete specification furnished with the further application must not include anything
not already mentioned in the specification filed along with the previous application.
It may be noted that the further application filed along with the complete specification is
deemed to be filed on the date on which the previous application has been filed and is
proceeded with accordingly as a substantive application.
Application for Patent of Addition:
Section 54 of the Act states that when an applicant has made an application for patent of an
improvement or modification of an invention described in complete specification filed and
the applicant has either applied for the patent of that invention or is the patentee of the
invention, then he may be granted a patent for that improvement or modification as the
patent of addition.
Form of Application for a Patent
Ordinary Application
According to Section 7 of the Act, the application for a patent shall be filed in the Patent
Office in the prescribed form. Every application for a patent shall be accompanied by
a provisional or complete specification. Such provisional or complete specification need not
be accompanied in case of convention application or an application made under the Patent
Cooperation Treaty.
In case the applicant has furnished provisional specifications along with the application, he
shall submit a complete specification within 12 months from the date of filing the
application, failure of which may result in the abandonment of the application. In case two
or more applications are filed regarding cognate inventions and where such inventions can
be included in one patent, a single complete specification may be filed in respect of all the
inventions, at the discretion of the Controller. After furnishing of the complete specification,
the provisional specification is cancelled and the application is post-dated to the date on
which the complete specification is filed.
In case of a convention application, it shall be accompanied by the following:
 The complete specification;
 The date and the convention country in which the application was made or in case of
two or more applications, the first application was made.
 A statement purporting that no application has been made before that date in any
convention country by the applicant or by any person from whom he derives the
title.
In addition to the aforementioned, a convention application may also include the following:
 Any specifications or corresponding documents, in addition to the complete
specification filed or deposited by the applicant in the patent office of the convention
country, within the time period as specified by the Controller;
  If the document is in a foreign language, the translation of the same along with an
affidavit, as required by the Controller;
 A certificate by the official chief or the head of the patent office of the convention
country certifying the date on which the application was made in the convention
country
What Constitutes a Specification?
Every specification, whether provisional or complete shall contain the following:
 A description of the invention, beginning with the title indicating the subject matter
of the invention;
 A detailed drawing of the invention (if required by the Controller)
 A model or sample of anything that illustrates the invention or anything alleged to
constitute an invention.
In addition to the aforementioned, every complete specification shall also constitute:
 Full description of the invention including its operation, use and the method by
which it is performed;
 Disclosure of the best way to perform the invention and which ensures safety as well;
 Claim defining the scope of invention;
 An abstract describing the technicalities of the invention.
In the case when the applicant files a complete specification after the provisional
specification, the complete specification shall include the developments or the additions
that has taken place in respect of the invention mentioned in the provisional specification,
being the developments or additions that would entitle the applicant to make separate
application under the provisions of Section 6 of the Act.
Priority Date
According to Section 11 of the Act, the priority date of the claims which are based on the
matter disclosed in the complete specification is the date on which such complete
specification is furnished. Following are the ways in which priority dates are decided in
different scenarios:
When a Complete Specification is filed in Pursuance of a Single Application:
According to Section 11(2) of the Act when a complete specification is filed in pursuance of a
single application along with which provisional specification and a specification as
mentioned in Sub-section (3) of Section 9 is filed, and the claim is based on the subject
matter disclosed in those specifications, then the priority date is the one on which the
relevant specification is filed.
When a Complete Specification is furnished in Pursuance of Two or More Applications:
Section 11(3) of the Act provides for the priority date of the claim when a complete
specification is furnished in pursuance of two or more applications filed along with the
provisional specifications. In such cases, if the claim is based on the subject matter disclosed
in one of the specifications, then the priority date shall be the date on which such
application which was accompanied by the specification was filed. Whereas in cases where
the claim is based on the subject matter disclosed partly in one specification and partly in
the other one, then the priority date shall be the date on which application accompanied
with specification was filed later than the other(s).
When Complete Specification is filed based on a Previously Filed Application:
When a complete specification is filed in India based on a previously filed application within
twelve months from the date of filing of the application and the claim is based on the
subject matter disclosed in the previous application, then the priority date of the claims shall
be the date on which the previous application was filed.
When a Complete Specification is filed in Pursuance of Further Application:
When a complete specification is filed in pursuance of a further application (or divisional
application) as mentioned in sub-section (1) of section 16, and the claim is based on the
subject matter disclosed in the provisional or complete specification furnished with the
previous application, then the priority date of the claim is the date on which the previous
application was filed.
Priority Date in Other Cases:
 When the priority date of the claim of a complete specification is more than one
date, then the priority date of that claim would be the earliest date.
 When none of the aforementioned provisions apply, then the priority date would be
the one on which complete specification was filed.
Priority Date in Case of Convention Application:
According to Section 135 of the Act, when an applicant has made a convention application
along with a complete specification within 12 months of the filing of the basic application in
the convention country, then the priority date of the claim of the complete specification is
the date on which the basic application was filed, provided that the claim is based on the
subject matter was disclosed in the basic application.
When a claim of complete specification is based on matters disclosed in two or more basic
applications, then the priority date of the claim is the date on which the earliest application
was filed in which the matter was disclosed.
Application Filing - Initial processing
On receipt of an application, the Office accords a date and serial number to it. PCT
national phase Applications and non-PCT Applications are identified by separate serial
numbers.
All applications and other documents are digitized, verified, screened, classified and
uploaded to the internal server of the Office.
Patent applications and other documents are arranged in a file wrapper and the
Bibliographic sheet is prepared and pasted on the file cover, so that the files move on for
storing in the compactors.
Screening and classification
The Application is screened for:
o International Patent Classification.
o Technical field of invention for allocation to an examiner in the respective
field.
o Relevance to defence or atomic energy.
o Correcting/completing the abstract, if required. If found not proper, the
abstract will be recast suitably, so as to provide better information to third
parties. However, such amendments should not result in a change in the
nature of invention.
Requests for examination are also accorded a unique serial number.
Scrutiny of application
The Office checks whether the Application has been filed in appropriate jurisdiction. If
the jurisdiction is not appropriate, the application shall not be taken on record and the
applicant is informed accordingly.
The Office checks for proof of right to file the application. If the proof of right is not filed
along with the application, it shall be filed within a period of six months from the date of
filing of the application. Otherwise, the applicant shall file the same along with a petition
under Rule 137/138.
The Office checks whether the application and other documents have been filed in the
prescribed format i.e. prescribed forms, request, petitions, assignment deeds, translation
etc. Further, the Office checks whether:
Withdrawal of patent application
The applicant may, at any time after filing the application but before the grant of a patent,
withdraw the application by making a request in writing and by paying the prescribed fee.
However, if the applicant makes a request for withdrawal under section 11(B)(4) within 15
months from the date of filing or priority of the application, whichever is earlier, the
application will not be published in accordance with 11A(3)(c).
Publication of Application
Section 11A of the Act provides for the publication of an application for a patent. Ordinarily,
no application is made open to the public for a time period specified by the Controller.
However, the applicant before the expiry of such term may request the Controller to publish
the application. The Controller, on his discretion may publish the same except in the
following conditions:
 when secrecy direction is imposed under section 35;
 When the application has been abandoned under sub-section (1) of section 9; or
 When the application has been withdrawn three months prior to the period specified
under sub-section (1).
The publication of the application shall include the date of the application, the number of
the application, name and address of the applicant and an abstract.
Early Publication:
A patent application can be published at any time prior to 18 months from its date of priority
or from the date of filing if requested on Form-9 by the applicant [Section 11A(2) & Rule
24A]. The application is ordinarily published within a month of such request. The early
publication helps the applicant to make his invention public at an early date and thereby
availing the privileges and rights as available for published applications from the same date.
Form-9 is accepted on due validation with the original patent application documents.
Publication u/s 11A:
Every other patent application is published after expiry of 18 months from the date of
application or from the date of priority whichever is earlier.
Effect of Publication:
The effect of publication is that the documents such as complete specification along with
provisional specification if any, drawings and abstract are laid open to public. This
publication includes particular of the date of the application, number of application, name
and address of the applicant, identifying the application and an abstract. Further on and
from the date of publication of the application for patent and until the date of grant of a
patent in respect of such application, the applicant shall have the like privileges and rights as
if a patent for the invention had been granted on the date of publication of the application.
 Examination of Application
According to Section 11B of the Act, the applicant or any other person interested shall make
a request for examination of the application in the prescribed manner within the prescribed
time period. This request can be filed on Form-18 with prescribed fee at any time within 48
months from the date of priority or from the date of filing of the application, whichever is
earlier. If no such request is made, then the application shall be treated as withdrawn by the
applicant. Once the request for examination is received and the application has been
published, the Controller shall refer the particular application to an examiner for conducting
examination and search in accordance with section 12 and 13 of the Patents Act, 1970. After
the request is made, the Controller by virtue of Section 12 refers the application to an
examiner to make a report. The examiner shall investigate, for the purpose of the application
the following:
 Whether the claim of complete specification has been anticipated by any publication
published before the filing of the complete specification by the applicant and dated
on or after 1st January 1912;
 Whether the claim claimed by the applicant is the claim of any other complete
specification published on or after the date of application made by the applicant and
the priority date of which is or is claimed to be earlier than the date of the
application made by the applicant;
 Whether the invention so claimed has been ascertained by a publication or any other
document before filing of the applicant’s complete specification.
If the Controller has objections regarding the application made by the applicant, he shall
communicate the same to the applicant. On being satisfied that the application or any other
document does not comply with the provisions of the Act, the Controller may refuse the
application or require it to be amended to his satisfaction before proceeding further. As per
Section 17, after amendment, if the Controller directs, the application or the specification or
any document shall be deemed to be made on the date it was so amended or on the date it
was refiled after being returned to the applicant.
According to Section 18, if the claim of complete specification as filed by the applicant has
been claimed in any other complete specification, then the Controller may refuse the
application unless:
 The applicant shows that the priority date is not later than the date on which the
other document was published;
 If the applicant amends the application up to the satisfaction of the Controller;
 If the applicant’s claim of complete specification is claimed in any other complete
specification, on the discretion of the Controller, a reference to the other complete
specification may be inserted in the applicant’s complete specification by way of
notice to the public.
According to Section 19, if the Controller considers that there is a risk of potential risk of an
infringement of claim of any other patent, then he may also direct to insert a reference of
that patent in the applicant’s complete specification by a notice to the public. Such reference
may not be required to be inserted if:
 The applicant establishes reasonable grounds to contest the claims of the other
patent;
 The applicant amends the complete specification up to the satisfaction of the
Controller.
The Controller may remove the reference to the other patent, if inserted, in the following
cases:
 If the other patent is revoked or ceases to be in force;
 The relevant claim is deleted from the complete specification of the other patent;
 If the Controller is convinced that the claim of the other patent is invalid or is not
infringed by the working of the applicant’s invention.
According to Section 21 of the Act, the applicant has to comply with all the requirements as
imposed by the Controller in relation to the application, complete specification or any other
documents within the period specified by the Controller, failure of which would result in the
abandonment of the application.

Formal examination
The following steps are involved in the formal examination of patent applications
To check whether the application, specification and other related documents are filed in
duplicate in prescribed forms or not.
To check whether the applicant is entitled to apply for patent under section 6 of the Act.
To check the jurisdiction of the applicant as specified under Rule 4(1)(i) of the Patents
Rules to decide the Appropriate Office for processing of patent application. Jurisdiction is
normally decided on the normal residential or domiciled address or place of business of the
applicant or of the FIRST MENTIONED APPLICANT, in case of joint applicants or the place
from where the invention actually originated
To check the jurisdiction of the applicant who has no place of business or domicile in
India. The address for service in India, as given by the applicant, is to be taken into
consideration for deciding the Appropriate Office.
To check whether the address for service has been provided in the application. If not,
the Controller has no obligation to proceed further (Controller may take suo moto decision
in the matter) (Rule 5 ) To check whether any request has been made for post-dating of the
provisional specification. Post-dating is allowed for a maximum period of 6 months (Sec –
17(1)).
 To check whether the complete specification is filed within 12 months from the date of
filing of provisional specification as specified in section 9(1) of the Act. The 12-month period
for filing the complete specification after provisional specification is not extendable.
To check whether Declaration as to Inventorship (Form –5) has been filed along with the
complete specification filed after filing provisional specification or along with the complete
specification filed under convention application or along with the complete specification
filed as PCTNP application under PCT route, as the case may be.
It also needs to be checked as to how many priorities are claimed and whether the
requisite fee has been paid or not

Substantive examination
The examiners to whom the application is referred to under section 12 conducts
examination of the patent application together with the complete specification and the
other documents related there with for making report in respect of matters as mentioned in
section 12(1)[(a) to (d)] to the Controller. The examiner ascertains whether any lawful
ground of objections exists to the grant of patent under the statute.
Understanding the invention
The Complete Specification describing the invention is a techno-legal document. It should
fully and particularly describe the invention and the method by which it is to be performed
i.e. the description of the method or the instructions for the working of the invention as
contained in the complete specification are by themselves sufficient, full and particular to
enable a person in India possessing average skill in, and average knowledge of, the art to
which the invention relates, to work the invention. It is also essential that the best method
for performing the invention, which is known to the applicant is disclosed in the Complete
Specification [S. (10) (4)].
Sufficiency of disclosure:
In Press Metal Corporation Limited V. Noshir Sorabji Pochkhanawalla (1982 PTC 259 (Bom)),
it was held that – “It is the duty of a patentee to state clearly and distinctly the nature and
limits of what he claims. If the language used by the patentee is obscure and ambiguous, no
patent can be granted, and it is immaterial whether the obscurity in the language is due to
design or carelessness or want of skill.
Technical or Specialized Terms
The description should be as clear and straightforward as possible, with the avoidance of
unnecessary technical jargon. Since it is addressed to persons skilled in the art, it will be
desirable that for its use by him the technical terms which are well known in that art should
be used.
Understanding the scope of claims
Claims are considered to be the most important part of the patent document. In a complete
specification the description is followed by the Statement of Claims which define the
boundary of the protection intended to by the applicant.
It is expected that the claims are drafted to cover all the aspects of the protection being
sought.
The following points may be observed while examining the claims:
(a) Each claim should be in a single sentence and should be clearly worded

(b) Claim(s) should be clear, succinct and should not involve unnecessary
repetition and claim (s) should not be verbose.
(c) Each claim is evaluated on its own merit and, therefore, if one of the claims is
objected, it does not mean that the rest of the claims are invalid. It is
therefore important to make claims on all of the invention to ensure that the
applicant gets the widest possible protection.
Structure of Claims
a) A claim usually consists of three parts:

- Introductory phrase,

- Body of the claim, and

- Link that joins the two segments.

b) The introductory phrase identifies the category of the invention and

sometimes the purpose (For example, a machine for waxing paper, a
composition for fertilizing soil).
c) The body of the claim is the specific legal description of the exact
invention, which is sought to be protected.
d) The linking consists of words and phrases such as:

- Which comprises

- Including

-Consisting of
-Consisting essentially of
 Office Actions: If the examiner identifies issues with the patentability of the
invention, an Office Action is issued. The Office Action outlines the reasons for
rejections, objections, or requests for further clarification or amendment. The
applicant is given an opportunity to respond to the examiner’s concerns and make
amendments or arguments to support the patentability of the invention.
  Amendments and Arguments: The applicant can amend the claims, description, or
drawings of the patent application based on the examiner’s objections or rejections.
The applicant may also provide arguments, evidence, or expert opinions to address
the examiner’s concerns and demonstrate the patentability of the invention. This
process may involve multiple rounds of Office Actions and responses.
 Allowance or Final Rejection: If the examiner is convinced that the application meets
the patentability requirements, an allowance is issued, indicating that the patent will
be granted. However, if the examiner maintains rejections and the applicant’s
responses fail to overcome them, a Final Rejection may be issued. The applicant may
have the option to appeal the decision or take other legal actions available in that
specific country’s patent system.
 Grant and Publication: If the application is allowed, the applicant typically pays the
necessary fees. Once the fees are paid, the patent office grants the patent, and it is
published in the official patent register or database.

Rights of patentees of others

Exclusive rights according to Article 28 of the TRIPS agreement
Article 28 of the TRIPS agreement provides the following rights:
A patent shall confer on its owner the following exclusive rights:
1. where the subject matter of a patent is a product, to prevent third parties not having
the owner’s consent from the acts of making, using, offering for sale, selling, or
importing for these purposes that product;
2. where the subject matter of a patent is a process, to prevent third parties not having
the owner’s consent from the act of using the process, and from the acts of using,
offering for sale, selling, or importing for these purposes at least the product
obtained directly by that process.
Patent owners shall also have the right to assign, or transfer by succession, the patent and to
conclude licensing contracts.
Right to exploit the patent
In India, the patent holder is provided with the right to manufacture, use, sell and distribute
the patented product. In case the invention is a process of production, the owner of the
patent has the right to direct the procedure to the other person who has been authorised by
the patentee. This right can be enforced by the agent of the patent holder.
Right to assign and license
The patent holder is granted with the rights of assigning or granting licenses for manufacture
and distribution of the patented products to others. In case there are co-owners of the
patented product, the permission to grant license to the other person shall be sought from
the co-owners. The license would be considered to be granted when the request has been
duly authorised by the controller.
Right to surrender the patent
The owner of the patent has the right to surrender his patent after seeking permission from
the controller. The controller then advertises about this surrender as per the procedure laid
down in the Indian Patents Act. The parties interested in getting the ownership of the patent
can then approach the controller. The controller examines the party’s claims and.surrenders
the ownership respectively.
Right before sealing
Section 24 of the Indian Patents Act implies that a patent is sealed from the date of
notification for acceptance to the date of acceptance of the notification. The right of the
patentee begins after the notification for acceptance has been presented.
Right to apply for the patent of addition
This provision is provided in Section 54 to 56 of the Indian Patents Act. This provision
provides for the modifications in the existing invention. In such a case, the patent holder is
granted the right to the modified invention after the notification of the acceptance comes
out. Once the notification is presented, the owner is provided with the same rights as
provided to the previous patent.
Right in case of infringement
When any of the rights of the patent holder is violated, then it is termed as patent
infringement. This is to mean that if the patented invention is used, manufactured or sold
for commercial purposes by any person, then it will be accused of patent infringement. In
case of violation of patentee’s rights, the patentee can approach either the district court or a
high court. If the person is proven guilty of infringement, the courts will either grant
permanent injunction or damages or both.

Limitation of patent rights

Limitation on private and non-commercial use
Under this limitation, the patent holder is restricted from using the invention for private
purposes or asserting a monopoly over commercial activity. If the government is of the
opinion that the patent holder is not using the patented invention for profit, then it can
grant a compulsory license to a third party. Section 84 and Section 92 of the Patents
Act provides for compulsory license. It can be invoked when the patented item is not
available to the general public at affordable prices. This is generally done in cases of
pharmaceutical drugs. Another provision in the patents act relating to the limitations on
private and commercial use is provided in Section 85 of the act. It provides for revocation of
patents by the controller in case of non-use.
Exception of experimental/scientific use
This limitation is provided under sub-section 3 of Section 47 of the act. This exception
provides that the patented process/product can be used by any person for the purpose of
undertaking any scientific experiment or carrying out research. The introduction of this
exception was important to protect those conducting ‘bona fide’ research and experiments.
It permits the third parties to conduct research using the patented material without being
accused of infringing the patent holder’s rights.
Regulatory-use/prior-use exemption
Although providing patent rights to the patentees incentivizes them for new inventions, it
also leads to monopolies and private use of the patented products. It was due to this fear
that Section 107 A was added through the Indian Patents Amendment Act, 2005. This
provision provides an exemption to the manufacturers of generic drugs so that they can use
the patented product to extract information and hence allows them to seek marketing
approval outside the country. This is also known as bolar provision. However, the
manufacturers can only use, manufacture and sell the product in the market after the expiry
date of the patented products which is 14 years from the date of filing the patent
application.
Exhaustion of patent rights
This provision says that once the patented product is sold in the market, the patent rights of
the inventor gets exhausted. According to this limitation, the patent holder loses his control
over the product after the first unrestricted sale of the invention takes place. The rationale
behind the formulation of this limitation was that once the patent holder has sold his
invention in the market, the purpose behind granting a patent for the particular product
would get defeated. This implies that the patent holder has given the right to manufacture,
use and sell the patented product to another person, in turn, losing his own exclusive rights.
Symed Labs v. Glenmark Pharmaceuticals
This case was filed by symed labs against Glenmark Pharmaceuticals for infringement of two
of its patents. The Court, in this case, held that there was prima facie evidence against
Glenmark that they have misused Symed’s patented products for manufacturing and selling
in the market. It was due to this misuse that symed has suffered irreparable loss. The Court,
as a result, ordered an interim injunction on the sale of the patented product by Glenmark.
The Court also held that in this particular case, providing damages would not reverse the
loss suffered by the plaintiff. Therefore, providing protection to the patented process was
inevitable to safeguard Symed’s patent rights.
Bayer Corporation v. Union of India
The Indian Patent Office granted India’s first compulsory license to Natco Pharma Ltd. in
public interest. The license was granted for the production of the drug Nexavar which was
originally produced by Bayer Corporations. There were certain restrictions put on the
manufacture of the drug. The manufacture could only be done inside the premises of Natco
Pharma Ltd. and the product could not be used for export purposes. Bayer Corporation filed
an appeal in the Court. The Court, in this case, had decided that the grant of the compulsory
license in this case was valid since it was necessary for public interest and it was made
available at nominal prices.

Procedure of Patent
 Step 1: Write about inventions (idea or concept) with each and every detail.
Collect all information about your Invention such as:
1. Field of Invention
2. What does the Invention describe
3. How does it work
4. Benefits of Invention
If you worked on the Invention and during the research and development phase, you should
have some call lab records which are duly signed with the date by you and the concerned
authority.
 Step 2: It must involve a diagram, drawing and sketch explains the Invention
Drawings and drawings should be designed so that the visual work can be better explained
with the invention work. They play an important role in patent applications.
 Step 3: To check whether the Invention is patentable subject or not.
Not all inventions can be patentable, as per the Indian Patent Act there are some inventions
which have not been declared patentable (inventions are not patentable).
 Step 4: Patent Discovery
The next step will be to find out if your Invention meets all patent criteria as per the Indian
Patent Act-
1. The invention must be novel.
2. The Invention must be non- obvious.
3. The Invention must have industrial applications.
  Step 5: File Patent Application
If you are at a very early stage in research and development for your Invention, then you can
go for a provisional application. It offers the following benefits:
1. Filing date.
2. 12 months time for filing full specification.
3. Lesser cost.
After filing a provisional application, you secure the filing date, which is very important in
the patent world. You get 12 months to come up with the complete specification; your
patent application will be removed at the end of 12 months.
When you have completed the required documents and your research work is at a level
where you can have prototypes and experimental results to prove your inventive move; you
can file the complete specification with the patent application.
Filing the provisional specification is an optional step if you are in the stage where you have
complete knowledge about your Invention you can go straight to the full specification.
 Step 6: Publication of the application
Upon filing the complete specification along with the application for the patent, the
application is published 18 months after the first filing.
If you do not wish to wait until the expiration of 18 months from the filing date to publish
your patent application, an initial publication request may be made with the prescribed fee.
The patent application is usually published early as a one-month form request.
 Step 7: Request for Examination
The patent application is scrutinized only after receiving a request for an RFE examination.
After receiving this request, the Controller gives your patent application to a patent
examiner who examines the patent application such as the various patent eligibility criteria:
1. Patent subject
2. Newness
3. Lack of clarity
4. Inventory steps
5. Industrial application
6. By enabling
The examiner makes the first examination report of the patent application upon a review for
the above conditions. This is called patent prosecution. Everything that happens for a patent
application before the grant of a patent is usually called patent prosecution.
The first examination report submitted to the Controller by the examiner usually includes
prior art (existing documents prior to the filing date) that are similar to the claimed
invention and is also reported to the patent applicant.
 Step 8: Answer the objections
Most patent applicants will receive some type of objections based on the examination
report. The best thing is to analyze the examination report with the patent professional
(patent agent) and react to the objections in the examination report.
This is an opportunity for an investor to communicate his novelty over the prior art in
examination reports. Inventors and patent agents create and send a test response that tries
to prove that their Invention is indeed patentable and meets all patent criteria.
 Step 9: clearance of objections
The Controller and the patent applicant is connected for ensuring that all objections raised
regarding the invention or application is resolved and the inventor has a fair chance to prove
his point and establish novelty and inventive steps on other existing arts.
Upon receiving a patent application in order for grant, it is the first grant for a patent
applicant.
 Step 10:
Once all patent requirements are met, the application will be placed for the grant. The grant
of a patent is notified in the Patent Journal, which is published periodically.