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T M REGISTRY
DESIGN OFFICE
G.I. REGISTRY
Head Office
KOLKATA
Branch
DELHI
Branch
CHENNAI
Branch
MUMBAI
Head Office
MUMBAI
DELHI
KOLKATA
CHENNAI
ABAD
IPTI ,NIIPM,P.I.S. Nagpur
KOLKATA
PATENT OFFICE
CHENNAI
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Law and Regulations Patents Act, 1970
Amended in
1999 2002
2005
Patents Rules, 2003
Amended in
2005
2006
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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 andtraditional knowledge
Publication of applications after 18 monthswith facility for early publication
Substantially reduced time-lines
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Scope of Patentability UnderThe Patents Act
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What is an Invention?
Sec.2(1)(J)
Invention
means a new product orprocess involving an inventivestep and capable of industrial
application
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Patentable subject matter
Invention must
relates to a Process or Product or
bothbe new (Novel)
involves an inventive step
be Capable of industrial application
not fall under Section 3 and 4
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NEWMEANS
Invention must not be
Published in India or elsewhereIn prior public knowledge or prior public
use with in India
Claimed before in any specification in
India
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Inventive step
Afeature of an invention that
involves technical advance ascompared to the existing knowledgeor
have economic significance or both
andmakes the invention not obvious toa person skilled in the art
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Industrial applicationmeans
Invention is capable ofbeing made or used
in any kind of
industry
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Stages from filing to grantof a patent
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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 thiswebsite
http://www.ipindia.nic.in/http://www.ipindia.nic.in/http://www.ipindia.nic.in/http://www.ipindia.nic.in/http://www.ipindia.nic.in/http://www.ipindia.nic.in/http://www.ipindia.nic.in/http://www.ipindia.nic.in/7/29/2019 patent in india
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Formality Check
An Examiner checks the formalrequirements before accepting theapplication 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 bypost within 2-3 days
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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 onthe 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
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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
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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 ofpatentability
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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
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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 aperiod of 1 month
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Pre-grant Opposition After publication, an opposition can be
filed within a period of 6 months
Opportunity of hearing the opponent is
also available
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Examination of Pre-grant
Opposition
Opposition (documents) is sent to the
applicant
A period of 3 months is allowed for receipt
of response
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Grant of a Patent
A certificate of patent is issued within 7
days
Grant of patent is published in the official
journal
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STAGES - FILING TO GRANT OF PATENT
PUBLICATION OF APPLICATION
REQUEST FOR EXAMINATION
GRANT OF PATENT
3rd Party Representation
Revocation/Amendment
OPPOSITION
PROMPTLY AFTER 18 MONTHS FROM P.D.
WITHIN 48 MONTHS FROM F.D.
ALL OBJECTIONS TO BE COMPLIED WITHIN 12
MONTHS
IF P.S.IS FILED C.S. TO BE FILED WITHIN 12MONTHS
WITHIN 12 MONTHS
FILING OF APPLICATION
PROVNL. / COMPLETE
Decision of
Controller
EXAMINATION-ISSUE OF FER
Appeal
Appellate Board
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THANK YOU
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