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The patent filing procedure in India involves several steps.
Prior Art Search: Before filing a patent application, it is advisable to conduct a thorough search to identify any prior art or existing patents that may affect the novelty or inventiveness of your inventio
Drafting the Patent Application: A patent application must include a detailed description of the invention, along with claims that define the scope of protection sought. It is recommended to seek assistance from a patent attorney or agent to ensure that the application meets the required legal standards and adequately protects your invention.
Filing the Application: Once the patent application is prepared, it can be filed with the Indian Patent Office. The application can be filed either online or through physical submission at the appropriate Patent Office based on the jurisdiction.
Publication: After filing, the application is published in the Indian Patent Office’s Official Journal after a period of 18 months from the filing date or priority date, whichever is earlier. However, if the applicant requests early publication, it can be done within one month of filing.
Examination: After publication, the patent application enters the examination stage. The patent office examines the application to assess the novelty, inventiveness, and industrial applicability of the invention. The applicant or the authorized patent agent must file a request for examination within 48 months from the filing date or priority date, whichever is earlier.
Office Actions and Response: The patent office may issue office actions, which are official communications stating the objections, if any, raised against the application. The applicant must respond to these objections within the prescribed timeframe, usually within six months from the date of the office action.
Grant or Refusal: If the patent office is satisfied with the response and finds the invention to be novel, inventive, and industrially applicable, a patent is granted. However, if the patent office is not convinced by the response or if the objections are not overcome, the application may be refused. The applicant has the option to appeal the decision before the Intellectual Property Appellate Board (IPAB).
Maintenance and Renewal: Once the patent is granted, the applicant needs to pay the prescribed maintenance fees to keep the patent in force. These fees are due annually starting from the 3rd year of the filing date.
