A.In India and in the most of the countries it is first to file system, whoever files the patent application first in the patent office is entitled to get protection.
B.Protection is granted only to the subject matter disclosure in the Patent Application; whatever is not disclosed is unprotected. Therefore, drafting of patent application requires experience and expertise, so that your scope and interest for filing of the patent application is achieved by getting proper protection.
C.To get a grant for a Patent Application, the invention should fulfill following criteria:
a. Novelty – The Invention should be New World Wide;
b. Inventive Step – The modification or rearrangement In the invention should not be obvious to a person skilled in a art; and
c. Industrial Use – The invention can be put to use by using industrial process or instruments.
D.Protection is granted only to the subject matter disclosure in the Patent Application; whatever is not disclosed is unprotected. Therefore, drafting of patent application requires experience and expertise, so that your scope and interest for filing of the patent application is achieved by getting proper protection.
E.Complete Specification can be filed within 12 months from the date of filing of provisional specification. Complete specification can also be filed directly, without filing provisional specification. Once complete specification with claims is filed, we are left with minimal possibility for modification or addition therein. Generally, complete specification is filed when the product is ready and there are no further modifications envisaged.
F.Once you patent application is field with the Indian Patent Office, you can start writing "Patent Applied" or "Patent Pending", and start publication or commercial activities. But, any legal action be initiated after grant.
G.After filing complete specification, the patent application gets published in the patent journal and on Indian Patent Office website after completion of 18 months from the date of first filing (i.e. filing of Provisional/Complete Spec, whichever is filed first). The publication can be preponed by filing Earlier Publication Request with prescribed Fees.
H.After publication and after filing Request for Examination (maximum time limit for filing Request for Examination is 48 months from the date of first filing). Thereafter the patent application goes for examination (general time line for receiving Examination report is minimum 2-3 years from the filing date of request for examination or publication, whichever is later). The examiner raises quires based on novelty, inventive step and industrial use of the invention. We get 12 months to respond to the queries raised by the examiner.
I.If the examiner is satisfied with the response the patent is granted, else hearing is offered to sort out the issues in detail.
J.Once the patent application is granted, you need to pay annual maintenance fees.
K.Further, if you want to file the same patent application outside India, then you need to file the same in other countries within 12 months from the date of priority (first filing) directly through Conventional Route or you can file PCT Application within 12 months from the date of priority. PCT will provide an International Search Report validating your invention based on Novelty, inventive step, and industrial use which helps in making decision for further filing in other countries, and provide in total about 30 months to file the same invention/patent application out of India. Time line for filing National Phase application is different for different count r ies . Please refer www.wipo. int for detai l s .
L.We have associates across the globe for assisting you in filing patent application out of India.