FAQs on Patents

Should Application for Patent be filed Before or After, Publication of the Details of the Invention?

The application for patent should be filed before the publication of the invention and till then it should not be disclosed or published. Disclosure of invention by publication before filing of the patent application may be detrimental to novelty of the invention as it may no longer be considered novel due to such publication.  However, under certain conditions, there is grace period of 12 months for filing application even after publication.

FAQ Tags:

English

What is Time Limit for Filing the Representation for Pre-grant Opposition?

A representation for pre-grant opposition can be filed within six months from the date of publication of the application u/s 11A or before the grant of patent.  The grounds on which the representation can be filed are provided u/s 25(1) of the Patents Act 1970.

FAQ Tags:

English

What is the term of patent?

Term of every patent in India is 20 years from the date of filing of patent application, irrespective of whether it is filed with provisional or complete specification.  However, in case of applications filed under PCT the term of 20 years begins from International filing date.

FAQ Tags:

English

Can any Invention be Patented after Publication or Display in the Public Exhibition?

Generally, a patent application for the invention which has been either published or publicly displayed cannot be filed. However the Patents Act provides a grace period of 12 months for filing of patent application from the date of its publication in a journal or its public display in a exhibition organised by the Government or disclosure before any learned society or published by applicant. The details conditions are provided under Chapter VI of the Act (Section 29-34).

FAQ Tags:

English

Is There any Fee for Filing Such Representation for Pre-grant Opposition?

There is no fee for filing representation for pre-grant opposition?  This can be filed by any person.

FAQ Tags:

English

Is there any difference in the amount of fees to be paid by an individual or a legal entity for filing a patent application?

Yes, the application filing fees for an individual person(natural person) is Rs.1, 000/- and for a legal entity other than individual is Rs.4, 000/- upto 10 claims and 30 pages. However, in case, the number of pages exceed beyond 30, then natural person has to pay Rs.100/- each extra page and person other than natural person has to pay Rs.400/- per page.  Similarly if the number of claims exceed beyond 10, then natural person has to pay Rs.200/- for each additional claim and person other than natural person has to pay Rs.800/- for each additional claim.

FAQ Tags:

English

How a Patent Specification is Prepared?

A patent specification can be prepared by the applicant himself or his registered and authorized agent. The patent specification generally comprises of the title of the invention indicating its technical field, prior art, draw backs in the prior art, the solution provided by the inventor to obviate the drawbacks of the prior art, a concise but sufficient description of the invention and its usefulness, drawings (if Any) and details of best method of its working.

FAQ Tags:

English

What are the Grounds for Filing Representation for Pre-grant Opposition?

The grounds for filing post-grant opposition are contained in section 25(1) of the Patents Act 1970

FAQ Tags:

English

What are obligations of the patentee after the grant of patent?

पेटेन्ट मिलने के बाद हर पेटेन्ट करानेवाले को प्रत्येक वर्ष अनुसूची  I में निर्धारित नवीकरण शुल्क अदा करके पेटेन्ट कायम रखना होता है। पहले दो वर्ष तक कोई नवीकरण शुल्क नहीं होता। नवीकरण शुल्क तीसरे वर्ष और उसके पश्चात् देय होता है। नवीकरण शुल्क अदा नहीं करने पर पेटेन्ट स्थगित हो जाएगा।

FAQ Tags:

English

What is a Provisional Specification?

Indian Patent Law follows first to file system.  Provisional specification describes the nature of the invention to   have the priority date of filing of the application in which the inventive idea has been disclosed. It must be followed by a complete specification describing the details of the invention along with a statement of claims within 12 months after filing of the provisional application.  If the complete specification is not filed within the prescribed period, the application is treated as deemed to have been abandoned

FAQ Tags:

English

Is it Possible to File Pre-grant Opposition Even Though There is no Request for Examination Filed?

Yes, it is possible to file representation for pre-grant opposition even though there is no request for examination has been filed. However, the representation will be considered only when a request for examination is received within the prescribed period.

FAQ Tags:

English

Can the patentee pay renewal fee at a time or has to pay every year?

The patentee has choice to pay the renewal fees every year or he can pay in lump sum as well.

FAQ Tags:

English

Is it Necessary to file a Provisional Application?

Generally, an application filed with provisional specification is known as provisional application which is useful in establishing a priority date for your invention.  Moreover, filing of a provisional application is useful as it gives sufficient time to the applicant to assess and evaluate the market potential of his invention before filing complete specification.  However, it is not necessary to file an application with provisional specification and one can file application directly with complete specification.

FAQ Tags:

English

What is the Time Limit for Filing Post-grant Opposition in the Patent Office?

The time for filing post-grant opposition is 12 months from the date of publication of the grant of patent in the official journal of the patent office.

FAQ Tags:

English

When a patent can be restored after its cessation?

Patents can be restored within 18 months of cessation. You will have to apply and pay the necessary Fees etc.

 

FAQ Tags:

English

Does the Patent Office Keep Information of the Invention Secret?

Yes.  All the patent applications are kept secret upto 18 months from the date of filing or priority date whichever is earlier and thereafter they are published in the Official Journal of the Patent Office which is published every week and also available on the IPO website.  After its publication, public can inspect the documents and also may take the photocopy thereof on payment of the fee as prescribed.

FAQ Tags:

English

Is There any Fee for Filing Post-grant Opposition?

The post grant opposition has to be filed in the prescribed form 7 along with prescribed fees of Rs.1500 for natural person and Rs.6000 for person other than natural person. The post grant opposition has to be filed by the person interested and not by any other person.

FAQ Tags:

English

What is meant by patent agent and what are the eligibility criteria of becoming a patent agent?

पेटेन्ट एजेन्ट भारतीय पेटेन्ट कार्यालय में पंजीकृत व्यक्ति होता है, और पेटेन्ट कार्यालय द्वारा आयोजित परीक्षा उत्तीर्ण करने के बाद उसका नाम पेटेन्ट एजेन्ट रजिस्टर में दर्ज़ किया जाता है। वह निम्नलिखित के लिए पात्र होता है—


(a) नियंत्रक के यहाँ प्रैक्टिस करना और


(b)सभी दस्तावेज दैयार करना, समस्त कार्य एवं ऐसे प्रकार्य निष्पादित करना जो  इस अधिनियम के अंतर्गत कंट्रोलर के यहाँ जारी प्रक्रिया के संबंध में निर्दिष्ट हों।


पेटेन्ट एजेन्ट के रूप में पंजीकरण की पात्रता शर्तें इस प्रकार हैं.-

FAQ Tags:

English

When is an Application for Patent Published?

Every application for patent is published after 18 months from the date of its filing or priority date whichever is earlier. However, following applications are not published.

A)    Application in which secrecy direction is imposed

B)    Application which has been abandoned u/s 9(1) and

C)    Application which has been withdrawn 3 months prior to 18 months

FAQ Tags:

English

What are the Grounds for Filing the Post-grant Opposition?

The grounds for filing post-grant opposition are contained in section 25(2) of the Patents Act 1970.

FAQ Tags:

English

Is it necessary to engage a registered patent agent for filing an application for patent?

नहीं। पेटेन्ट कानून के अंतर्गत पेटेन्ट के लिए आवेदन करने के लिए किसी पंजीकृत पेटेन्ट एजेन्ट की सेवाएँ लेना आवश्यक नहीं है। आवेदक अपने-आप या पेटेन्ट एजेन्ट के माध्यम से आवेदन जमा करने के लिए स्वतंत्र है। किन्तु यदि कोई आवेदक भारत का नागरिक न हो तो उसे या तो पंजीकृत एजेन्ट के माध्यम से आवेदन जमा करना होता है या उसे तामील के लिए भारत का कोई पता देना होता है।

FAQ Tags:

English

Is there any Provision in the Law for Early Publication?

Yes, the applicant can make a request for early publication in Form 9 along with the prescribed fee.  After receiving such request the Patent Office publishes such application within a period of one month provided the invention contained thereon does not relate to atomic energy or defence purpose.

FAQ Tags:

English

Is it Necessary to go to the Indian Patent Office to Transact any Business Relating to Patent Application?

No, normally all the communications with the office are done through written correspondence. However, interviews relating to patent application can be had with examiners with prior appointment on any working day during prosecution stage.

FAQ Tags:

English

What is a Patent?

A Patent is a statutory right for an invention granted for a limited period of time to the patentee by the Government, in exchange of full disclosure of his invention for excluding others, from making, using, selling, importing the patented product or process for producing that product for those purposes without his consent.

FAQ Tags:

English

Pages

Subscribe to FAQs on Patents