Hi, Can anybody please let me know what is process for PATENT submission and whole cycle of patent procedures and relation of IPR in that? Thanks, Shweta
The process for obtaining a patent in India is as follows-
1) File the provisional application (if the invention is not completed) or complete application with a demand draft of Rs 4000 (for legal entity) or Rs 1000 (for natural person) in favour of controller of patents. File the application with form 1, 2, 3.
1a) if you have filed a provisional application, then within 1 year of filing you have to file complete apllication without any fee.
2) Within 48 months of first filing, you must have to file request for examination with a fee of Rs 10000 (for legal entity) or Rs 2500 (for natural person).
3) your application will automatically publish after 18 months of filing.
4) you can also request for early publication by applying with a fee of Rs 10000.
5) After examining your application, examiner with send you a first examination report. You have to overcome all the queries generated by the examiner within 1 year from the date of first examination report.
6) Examination may either accept your application for grant or can ask you to modify the claims, or refuse to grant patent on your application.
in the meantime, anyone can oppose you applicantion prior to grant from the date of publication.
please write if any specific query.
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