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Patent Grant Process in India

Understanding the Patent Grant Process in India: From Filing to Patent Issuance.
It's important to note that the patent grant process in India can be complex and may require the expertise of a patent attorney or agent to navigate effectively. Additionally, timelines and procedures may vary depending on the specifics of the application and any legal or procedural changes implemented by the Indian Patent Office.

Filing Express Request for Patent Examination

 After filing a patent application, the patent applicant can submit an express request for examination to expedite the examination process by filing Form 18A.

2

First Examination Report (FER)

​The Indian Patent Office conducts a preliminary examination of the patent application and issues a First Examination Report (FER) outlining any objections or deficiencies in the application.​

3

Filing Response to FER

The applicant must respond to the FER within a specified period (usually six months) by addressing the objections raised by the Patent Office and providing arguments or amendments to overcome the objections.

4

Issuance of Second Examination Report

After reviewing the applicant's response, the Patent Office may issue a Second Examination Report if further clarification or amendments are required.

 

Filing Response to Second Examination Report: The applicant must again respond to the Second Examination Report within the prescribed timeframe, addressing any remaining objections and providing additional arguments or amendments as necessary.

 

Attending Online Hearing (if required): In some cases, the Patent Office may schedule an online hearing to discuss the application and address any outstanding issues. The applicant may need to attend the hearing and present their case before the Patent Office.

Responding to Objections to Get Patent Grant: The applicant continues to engage with the Patent Office, responding to any additional objections or requests for clarification until all issues are resolved satisfactorily.

Grant of Patent: Once the Patent Office is satisfied that all objections have been addressed and the application meets the requirements of the Indian Patents Act, a patent grant is issued, and the applicant's invention is protected under Indian patent law.

Get in Touch

Whether you're an experienced inventor or new to the process, understanding the path from filing to patent issuance is crucial. Let's connect to explore how we can guide you through the intricate steps of securing your intellectual property in India. Get in touch today to embark on your patent grant journey with confidence !

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