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- Prior Art Search
- Provisional Specification Filling
- Complete Specification Filling
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Registration process of patents : the whole patent registration process can be divided into following steps :
- Prior Art search
- Filing of application (Provisional or complete specification)
- Request for Examination
- FER (First examination report)
- Response to FER
A patent application can be filed with provisional specification or complete specification. If application is filed with provisional specification then the complete specification will be filed within 12 months from the date of filing of provisional specification.
The application will be published in patent journal after expiry of 18 months from the date of filing of the application. A request for early publication can be filed in Form No 9 with prescribed fee.
A patent application will be examined by the examiner of patents only after filing request for examination. Request of examination can be filed within 48 months from the date of filing of the application.
After examination of your application, the examiner issues an examination report which is called First Examination Report (FER). The applicant has to give his response within 12 months from the date of FER. If the controller of the Patent is not satisfied with your response, he may call hearing. The controller will put your application for grant, if he is satisfied with your response. The patent shall be renewed every year.
For international patent filing, application can be proceed by PCT route. PCT application may be filed within 12 months of the filing of the complete specification.
Registermytrade.com is the No. 1 online portal for patent registration services in India. We have a good team of Expert, well qualified and experienced Patent Attorneys, registered patent agents, and Patent analyst. We assist you at any level of your patent registration process. We assist you to make prior art report of your invention, drafting of your specification (complete or provisional), filing response to FER, Renewal etc.
A patent is an exclusive right granted for an invention by the authorities for limiter duration of time as a reward to encourage new inventions and its inventors.
In India if patent is granted the term of patent protection is 20 years from the date of filling the application.
- True and first inventor
- True and first inventor‘s assignee
- Legal representative of deceased true and first inventor or his/her assignee
Patent Application is filed as per territorial jurisdiction. Indian Patent Office works from four location New Delhi, Mumbai, Chennai and Kolkata.
Provisional Specification is one of the primary documents filed at time of filling patent application in India. Basically, it is advisable to file as soon as the inventor can penned down the invention on the paper. The purpose of Provisional Specification is to secure priority date.
Title of the invention
Description of the invention
Field of the invention
Background of the invention
Object of the invention
Statement of the invention
Complete Specification is one of the crucial documents in patent filing. Complete Specification is called techno-legal document as it defines the best method of performing the invention and legal claims of the inventor over the invention. It is advisable that complete specification should be drafted with lot of attention and clarity. The ambit of Patent Protection is derived by the Complete Specification.
Complete Specification should be file within 12 months from the date of filing Provisional Specification.
Patent Application is published after 18 months of filing the application or date of priority whichever is earlier. It can be published earlier as well if the applicant makes request for early publication in prescribed format with requisite fee.
FER is First Examination Report.Basically, first examination report issued by the Patent Office after examining the application.
Reply to First Examination Report should be filed within 6 months (extendable by 3 months) from the date of issuance of First Examination Report.
In India opposition to patent registration can be file before or after the grant of patents.
If the opposition is filed before the grant or registration of patents it is called Pre-grant opposition. Pre grant opposition should be file within 6 months from the date of publication. Further, if the opposition is filed after the grant or registration of patents it is called Pre-grant opposition.
Pre grant opposition should be file within 6 months from the date of publication.
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