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    Patent in India

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    nonsenseatul
    This document summarizes the organization and processes of the Controller General of Patents, Designs and Trademarks in India. It oversees the offices that handle patents, trademarks, geographical indications, and industrial designs. The key stages for obtaining a patent are: filing an application, publication after 18 months, requesting examination within 48 months, examination and issue of a First Examination Report within 6 months, responding to objections within 12 months, potential pre-grant opposition, and grant of the patent. The document outlines the relevant patent laws and regulations and eligibility criteria for patentability.

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    Attribution Non-Commercial (BY-NC)
    Download as PPTX, PDF, TXT or read online from Scribd

    Patent in India

    Uploaded by

    nonsenseatul
    96 views22 pages
    This document summarizes the organization and processes of the Controller General of Patents, Designs and Trademarks in India. It oversees the offices that handle patents, trademarks, geographical indications, and industrial designs. The key stages for obtaining a patent are: filing an application, publication after 18 months, requesting examination within 48 months, examination and issue of a First Examination Report within 6 months, responding to objections within 12 months, potential pre-grant opposition, and grant of the patent. The document outlines the relevant patent laws and regulations and eligibility criteria for patentability.

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    how to file patents? wat is patent

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    patent in india

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    This document summarizes the organization and processes of the Controller General of Patents, Designs and Trademarks in India. It oversees the offices that handle patents, trademarks, geographical indications, and industrial designs. The key stages for obtaining a patent are: filing an application, publication after 18 months, requesting examination within 48 months, examination and issue of a First Examination Report within 6 months, responding to objections within 12 months, potential pre-grant opposition, and grant of the patent. The document outlines the relevant patent laws and regulations and eligibility criteria for patentability.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    96 views22 pages

    Patent in India

    Uploaded by

    nonsenseatul
    This document summarizes the organization and processes of the Controller General of Patents, Designs and Trademarks in India. It oversees the offices that handle patents, trademarks, geographical indications, and industrial designs. The key stages for obtaining a patent are: filing an application, publication after 18 months, requesting examination within 48 months, examination and issue of a First Examination Report within 6 months, responding to objections within 12 months, potential pre-grant opposition, and grant of the patent. The document outlines the relevant patent laws and regulations and eligibility criteria for patentability.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    of 22

    CONTROLLER GENERAL OF PATENTS, DESIGNS AND TRADEMARKS (CGPDTM)

    IPTI ,NIIPM, P.I.S. Nagpur

    PATENT OFFICE

    T M REGISTRY

    G.I. REGISTRY

    Head Office KOLKATA Branch DELHI Branch CHENNAI Branch MUMBAI

    DESIGN OFFICE

    Head Office MUMBAI


    DELHI

    CHENNAI

    KOLKATA

    KOLKATA

    CHENNAI

    ABAD

    Law and Regulations


    Patents Act, 1970
    Amended in
    1999 2002 2005

    Patents Rules, 2003


    Amended in
    2005 2006

    Patent Law - Salient Features


    Both product and process patent provided Term of patent 20 years Examination on request Both pre-grant and post-grant opposition Fast track mechanism for disposal of appeals Provision for protection of bio-diversity and traditional knowledge Publication of applications after 18 months with facility for early publication Substantially reduced time-lines

    Scope of Patentability Under The Patents Act

    What is an Invention?
    Sec.2(1)(J) Invention means a new product or process involving an inventive step and capable of industrial application

    Patentable subject matter


    Invention must
    relates to a Process or Product or both be new (Novel) involves an inventive step be Capable of industrial application not fall under Section 3 and 4

    NEW
    MEANS
    Invention must not be
    Published in India or elsewhere In prior public knowledge or prior public use with in India Claimed before in any specification in India

    Inventive step
    A feature of an invention that
    involves technical advance as compared to the existing knowledge or have economic significance or both and makes the invention not obvious to a person skilled in the art

    Industrial application means

    Invention is capable of being made or used in any kind of industry

    Stages from filing to grant of a patent

    Obtaining a patent
    File an application for patent
    With one of the patent offices based on territorial jurisdiction of the place of office or residence of the applicant /agent Pay the required fee

    Information concerning application form and details of fee available at www.ipindia.nic.in Guidelines for applicants also available on this website

    Formality Check
    An Examiner checks the formal requirements before accepting the application and the fee this is done immediately Issue of application number and the cash receipt this is done the same day In case of receipt of application by post, cash receipt, application number is sent by post within 2-3 days

    Publication
    Application is kept secret for a period of 18 months from the date of filing In 19th month, the application is published in the official journal this journal is made available on the website weekly Applicant has an option to get his application published before 18 months also In that case, application is published within one month of the request

    Request for Examination


    Application is examined on request Request for examination can be made either by the applicant or by a third party A period of 48 months, from the date of filing, is available for making request for examination

    Examination
    Application is sent to an Examiner within 1 month from the date of request for examination Examiner undertakes examination w.r.t.
    whether the claimed invention is not prohibited for grant of patent whether the invention meets the criteria of patentability

    Issue of FER
    A period of 1 to 3 months is available to Examiner to submit the report to the Controller 1 months time available to Controller to vet the Examiners report First Examination Report (FER) containing gist of the objections is issued within 6 months from the date of filing of request

    Response from the Applicant


    12 months time, from the date of issue of FER, is available to the applicant to meet the objections
    If objections are met, grant of patent is approved by the Controller within a period of 1 month

    Pre-grant Opposition
    After publication, an opposition can be filed within a period of 6 months
    Opportunity of hearing the opponent is also available

    Examination of Pre-grant Opposition


    Opposition (documents) is sent to the applicant
    A period of 3 months is allowed for receipt of response

    Grant of a Patent
    A certificate of patent is issued within 7 days Grant of patent is published in the official journal

    STAGES - FILING TO GRANT OF PATENT


    FILING OF APPLICATION PROVNL. / COMPLETE IF P.S.IS FILED C.S. TO BE FILED WITHIN 12MONTHS

    PUBLICATION OF APPLICATION

    PROMPTLY AFTER 18 MONTHS FROM P.D.

    REQUEST FOR EXAMINATION

    WITHIN 48 MONTHS FROM F.D.

    EXAMINATION-ISSUE OF FER

    3rd Party Representation ALL OBJECTIONS TO BE COMPLIED WITHIN 12 MONTHS

    GRANT OF PATENT

    WITHIN 12 MONTHS Decision of Controller


    Appeal

    OPPOSITION

    Appellate Board

    Revocation/Amendment

    THANK YOU

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