Category: Types of patent Application

How can I check a patent in India? How do I check if a patent is registered? Who gives patents in India? How many patents does India have?

Patent Prosecution

Patent prosecution is the patent process required to obtain a patent which involves interaction between the Assignee/Inventor or his legal representative and Patent Office with respect to his patent application. During the patent prosecution process, a patent application has to go through the following steps-

  • Filing of the Patent Application- An inventor can file patent application either online or offline at the patent office in any of the respective jurisdictions: Kolkata, Delhi, Mumbai, and Chennai.
  • Publication of the Application- After filing the patent application is published within18 months from the earliest priority date/ filing date of the application. Prior, to the publication the patent application is confidential to the patent office.
  • Request for Examination- A request for examination has to be filed within 48 months from the date of filing of the application or the date of priority whichever is earlier. Request for examination can be pertained either by normal examination route or by Expedited examination route.
  • First Examination Report- After the examination of the patent application by the patent controller/patent examiner a First Examination Report (FER) is issued to the applicant or authorized agent. The FER cites the deficiencies in the patent application in compliance with the Patents Act, 1970 along with the objections in terms of novelty/ inventive step/ industrial aplicability. 
  • Examination Response- The applicant or his legal representative has to draft a reply to FER within 6 months from the date of issuance of FER overcoming the objections cited by the patent examiner.
  • Hearing- Hearing is conducted between controller and patent applicant is to ensure that all objections raised in the patent application are resolved easing the grant procedure.
  • Grant of the Patent Application- When the patent controller/patent examiner is satisfied that the patent application meets all patentability requirements. The granted patent is notified in the patent journal which is published from time to time.
  • Renewal of the Patent Application- In order to keep the patent in force, a renewal fee shall be payable to patent office at the expiration of the second year from the date of the patent or of any succeeding year.
  • Opposition of Patent application- A patent application can be opposed by anyone after the publication of the patent application. There are two types of oppositions-
    • Pre Grant Opposition- Opposition made after publication until grant of patent application.
    • Post Grant Opposition- Opposition made within 12 months after grant of the patent application. 
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Types Of Indian Patent Applications

An inventor can file the following types of Patent Applications before the Indian Patent Office:

1.Provisional Application
Provisional Application is a self-suggestive term i.e. temporary application filed with a Patent Office, to claim a “Priority Date” and when an invention is not complete in all aspects. It is less expensive to prepare and file and enables the inventor to study the feasibility of the invention in terms of potential markets, distributors, licensees. However the complete application needs to be filed within 12 months or else it will be treated as abandoned.

2.Complete Application
A patent application containing the complete specification and claims of the invention is called a complete application and this can be filed directly if the invention is complete in all aspects.

3.Convention Application
When an applicant files a patent application claiming a priority date based on the same or substantially similar application filed in one or more of the convention countries is known as a convention application.

An applicant should file the patent application in the Indian Patent Office within twelve months from the date of first filing of the similar application in the convention country to get “convention status” for the Indian Application.

4.Patent Cooperation Treaty (PCT) – International Application

An international application made in accordance with the Patent Cooperation Treaty (PCT) being the first application is called an international application, or PCT application.  An applicant needs to file just a single application with one receiving patent office in order to simultaneously seek a patent in multiple (up to 138 countries) across the globe.

The application is to be filed in English language within 12 months from the date of filing in India.

5.PCT-National Phase Application

An international application made in accordance with the Patent Cooperation Treaty (PCT) being the first application, can enter the national phase in India within 31 months from the international filing date or priority date (whichever is earlier). This application is filed before the Indian Patent Office claiming the priority and international filing date is called PCT National Phase application.

6. Divisional Application

When patent claims more than one invention, the applicant either voluntarily or in response to an objection based on lack of unity during the examination of the parent application at any time before the grant of the parent application can divide the parent application into two or more applications is known a Divisional Application.

The priority date for all the divisional applications is same as the Parent Application and it contains matter from a previously filed parent application.

7. Patent Of Addition

Any improvements or modifications in the patented invention as a natural process or as a result of feedback of the market or the industry then the original patented product or the process is protected by a “Patent of Addition” in India.

A patent of addition is only granted after the grant of the patent for the main inventions.

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A provisional patent application is not examined, so its claims not get rejected in an office action. Depending on what was the problem that is being referred to as a rejection, a provisional application that fixes the problem might be subsequently filed with a later filing date

Provisional Patent Application

As per the patent law, a provisional application is a legal document filed in the Indian Patent Office or any other patent office to establish an early filing date and allows the inventor to file a patent application without a formal patent claim, oath or declaration, or any information disclosure (prior art) statement.

A provisional patent application buys you the time to file the complete patent application/ non- provisional patent application before the patent office within 12 months of filing while establishing the priority for the invention.

In simple words, a Provisional Application is a temporary, quick, inexpensive application filed before the Patent Office, to claim a “Priority Date” when an invention is not complete in all aspects and which can be claimed in a later-filed nonprovisional application.

Advantages of Provisional Patent Application:

  1. Easy preparation and filing
  2. Low Filing Cost,
  3. Protection of invention from getting copied
  4. Ability to use the term “patent pending”, which can only be legally used when a patent application has been filed
  5. Enabling the inventor to conduct a feasibility analysis of the invention in terms of potential markets, distributors, licensees.

A complete application/Non-provisional Application needs to be filed within 12 months or else the application will be treated as abandoned.

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