| Patent Registration in India |
| An application is to be made under the Patent Acts and Patent Rules with the following documents: 1. Form 1 (application for grant of patent) 2. Form 2 (accompanied by two copies of the complete patent specification. 3. Two sets of drawings 4. Power of Attorney in Form 26. 5. Form 5-Declaration of inventorship. 6. Priority documents, if any. (In case of any other language English Translation is required) 7. Statement regarding foreign filings, if any. Publication and representation
The application of a patent shall be published in the official gazette 18 months from the date of filing. In case priority is claimed there will be publication on the date of priority if it is earlier to the date of filing. After the Application has been published it will be open for any party to file a representation of opposition. Examination A First Examination Report is issued to the applicant by the Patent Office. An examination is carried out and if necessary the applicant may have to make suitable amendments in the complete specification in order to meet the objections. Grant and post grant Opposition After the completion of all formalities, the Patent office will first issue a notice regarding an intimation of grant .Finally the Letters Patent Will be issued. PCT National Phase filing in India India is a member of WTO & Paris Convention therefore filing of Patent application based on priority application on those member countries is possible. Moreover, National Phase filing to India is possible through the PCT route, if India is a Designated Country in the International Application. Rights of Patentee Once granted a patentee gets the rights to make a patented article or use the patented process. As a corollary a Patentee may prevent others from using the patented process or article. Compulsory Licenses and Assignments An interested person may file an application for grant of compulsory licence on prescribed grounds .Assignments may also be made by the proprietor of the patent to any person in order to transfer his rights. Renewal and restoration The Patent is to be renewed periodically after its grant. If the renewal fee is not paid the patent lapses and may be restored. However the patentee will not be able to commence or prosecute any suit or proceedings in respect of the patent committed between the date on which the patent ceased to have effect and the date of application of the restoration of the patent. |
| Services Provided |
| Preparing & Filing Patent Application Drafting of Patent specification Patent Search Patent Renewal Preparing & Filling written Arguments/appeals Infringement litigation Preparing licensing Argument |
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