SIMPLIFIED PROCEDURE OF PATENT REGISTRATION IN INDIA

Patent Application can be made to Patent Offices in India at Mumbai, Delhi, Chennai, Kolkata by following three categories-

1. Inventor 
2. Inventor's Assignee 
3. Legal Representative of deceased Inventor and Assignee.

VARIOUS STAGES OF PATENT REGISTRATION

STAGE I

APPLICATION : 

Detailed Application along with all the required Forms in prescribed format  is required to be filed with the appropriate Patent Office. 

Form details are as under:

Form 1-Application for Grant of Patent

Form 2-Provisional/Complete Specification
Form 3-Statement and Undertaking Regarding Foreign Applications
Form 5-Declaration as to Inventorship

Link to download detailed forms is as under - http://ipindia.nic.in/ipr/patent/patents.htm

STAGE II

PUBLICATION : 

Thereafter the Application  is published in Patent Office Journal after 18 months from the date of filing of the application or the date of priority whichever is earlier. 

Early Request for Publication :

The applicant may also file a request for early publication with a prescribed fee .The above application is published ordinarily within one month from the date of the request. 

STAGE III

EXAMINATION :

Next step is examination of Application. A Request for Examination is to be filed for same. After the Request is filed within a period of 48 months from the date of filing of the application or  from the date of priority of the application ,whichever is earlier, the said Application is examined. 

A Examination Report stating the objections / requirements is communicated to the applicant or his agent, which is to be replied to and Application should be amended in order to meet the objections/requirements within the prescribed time.   

When all the requirements are met the patent is granted, the letter patent is issued, entry is made in the register of patents and it is notified in the Patent Office, Journal .

OPPOSITION TO GRANT OF PATENTS

Where an application for patent has been published under stage II, before the grant of Patent, any person may, oppose the same in writing to the Controller against its grant . Only after the opposition proceeding is decided in Applicants favour and other requirements are met, the Patent is granted.

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