patent process
DESCRIPTION
A Presentation by Nitin Nair, Partner- BananaIP CounselsTRANSCRIPT
Patent Process
By
Nitin Nair
Patent Process - Agenda
• Filing
• Publication
• Examination
• Pre-Grant Opposition
• Grant
• Post-Grant Opposition
Patent Process - Filing
Patent Application
Form of Application• Provisional Application (Provisional Specification
+ Filing documents)
• Non Provisional/Complete Application (Complete specification + Filing documents)
Priority Date- filing date of the first application in a chain of applications
Patent Process - Filing
Types of Application
• Domestic Application
• Convention Application
• International Application
• National Stage Application
• Patent Offices
• Mumbai
• Chennai
• Delhi
• Kolkata
Patent Process - Filing
Applicants
• True and First Inventor
• Assignee of the inventor
• Legal representative of the deceased person
Patent Process - Filing
Patent Process - Publication
• Notice to Public (18 months from the priority date)
• Rights start from the date of publication
• Request for early publication
Patent Process - Examination
• Proper request must be filed• By the Applicant• By the interested person (person engaged in or
in promoting, research in the field of the invention)
• Time limit- 48 months from priority date
• Formality check
• Prior Art search and analysis by the Examiner
Patent Process - Examination
• First Examination report from the Examiner within 6 months from the date of request
• Response from the Applicant within 12 months
Patent Process - Pre-Grant Opposition
• Should be filed after the application has been published and before grant
• Will be considered only when Request for Examination is filed
• May be filed by any person
• Should include statement and evidence
Grounds
• Wrongful obtainment
• Invention in public domain
• No sufficient disclosure
• Failure to disclose the information as to corresponding foreign application
• Failure to file convention application within 12 months
Patent Process - Pre-Grant Opposition
Patent Process – Grant
• 3-4 years from the date of filing
• To be renewed every year after 2 years from the grant date
• Period of 20 years from priority date
Patent Process - Post-Grant Opposition
• Should be filed within one year from the grant of patent
• Must be filed by an interested person• Grounds
• Wrongful obtainment • Invention in public domain• No sufficient disclosure• Failure to disclose the information as to
corresponding foreign application• Failure to file convention application within 12
months