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Patent Application in India

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22 views23 pages

Patent Application in India

Uploaded by

abhishekvicky2001
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
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RESEARCH METHODOLOGY

AND
INTELLECTUAL PROPERTY RIGHTS

THE PROCESS FOR GRANTING A


PATENT

PRESENTING BY : M.TECH – S.E


24B81D2002, 24B81D2005,
24B81D2006, 24B81D2007,
24B81D2008, 24B81D2009,
24B81D2010, 24B81D2011.
A patent is a legal document that gives the inventor
exclusive rights to their invention for a set period of
time. It protects the inventor's intellectual property
and prevents others from making, using, or selling
the invention without permission.
STEPS FOR THE GRANT OF A PATENT
PRIOR SEARCH

Purpose: To check if the invention


is novel.

Sources: Patent databases, scientific


literature, market products.

Tools: Google Patents, WIPO,


USPTO, EPO databases.
PATENTABILITY SEARCH

A search has to be conducted


to ensure the invention is novel
and has not been patented
before.
PREPARATION OF THE PATENT APPLICATION

The inventor or a patent agent drafts the application,


including:
• Title
• Abstract
• Description (with drawings if necessary)
• Claims (the scope of protection sought)
FILING A PATENT APPLICATION

Types of patent
applications in India
Ordinary Convention
Application Application
A convention application
An ordinary (or non- allows you to claim the
provisional) patent priority date of a similar
patent application filed in
application is filed
a convention country. To
when an invention is file this application, you
fully developed. must do so within 12
months of the initial
filing in the convention
country.
Patent of PCT National
Addition Phase Application

A PCT National Phase Application


A Patent of Addition enables is a formal request to secure patent
applicants and patentees to apply protection in specific countries
for an improvement or based on a single international
modification made on the patent application filed under the
invention disclosed in the Patent Cooperation Treaty (PCT).
This application must be submitted
complete specification. within 31 months.
PCT International Divisional
Application Application

A PCT International Filing divisional applications


Application is filed under the is a strategic approach to
Patent Cooperation Treaty protect different inventions
(PCT), allowing you to seek disclosed in a single original
patent protection in over 150 application, ensuring that
member countries with a each invention is examined
and protected separately.
single filing.
PUBLICATION

After 18 months from


the filing date, the
application is
published, unless an
early publication
request is made.
REQUEST FOR EXAMINATION

The applicant must request the


Patent Office to examine the
application (within a specified
period).
EXAMINATION

The Patent Office examines the application for:


• Novelty
• Inventive step (non-obviousness)
• Industrial applicability
FIRST EXAMINATION REPORT (FER)

The Patent Office issues an


FER, detailing objections or
requirements for
clarification.
RESPONSE TO OBJECTIONS

The applicant must respond to the


objections raised in the FER within
a stipulated time.

Hearing (if required)

If the objections are not resolved,


the Patent Office may schedule a
hearing.
GRANT OF PATENT

If all objections are resolved, the patent is granted -


Patent details published in the official journal.
Rights of the patentee: Exclusive rights for 20 years
POST-GRANT OBLIGATIONS & MAINTENANCE

Renewal Fees: Must be paid annually.

Patent Enforcement: Taking action against infringement.

Licensing & Commercialization: Selling or licensing the patent.


CONCLUSION

The patent grant process ensures legal protection for innovations


through a structured approach. By following key steps - filing,
examination, and grant; inventors can secure exclusive rights for
20 years, fostering innovation and commercial opportunities.
THANK YOU

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