Patent

European Patent Office

BASIC FACTS

Patent Protected
Product Patent and Process Patent
Patentable Inventions as per Patent Act
Inventions which satisfy the conditions of novelty, inventive step and capable of industrial application, are subjected to patentability.
Inventions not Patentable
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Non-Convention Application
Yes
Convention Application
Yes
PCT National Phase Application
Yes
Divisional Application
Yes
Patent of Addition
No
Patent of Importation (Patent of Introduction)
No
Others
No
Utility Model Protection is provided under Patent
N/A
Type of Application
N/A
Time Period
31 Months
Extended Deadline
2 Months
Patent of Invention
20 Years
Utility Model Patent
N/A
Design Patent
N/A
Extension of Foreign Patent
N/A
Exceptions (e.g. Pharmaceutical Patents)
N/A

PROSECUTION

Basic Number of Pages
35 Pages
Basic Number of Claims
15 Claims
Basic Number of Dependent Claims
N/A
Basic Number of Independent Claims
in principle one independent claim with exceptions
Types of Claims
Product-by-Process
Invention Specification
N/A
Language of Specification
English or French or German
Translation required
Yes
Due date to file the translation
2 Months
Power of Attorney (In case of individual applicant, copy of passport is required)
Signed
Deed of Assignment
No
Priority Document, with required translation
Certified (translation is necessary only if requested by the EPO)
Incorporation Certificate, with required translation
Signed
Home / Foreign Registration Certificate, with required translation
No
International Search Report (ISR), in case of PCT
No
International Preliminary Examination Report (IPEA), in case of PCT
No
Declaration of Ownership
No
Declaration of Nationality
No
Copy of Inventor's Passport
No
Other Documents
No
Applicability of Examination
Mandatory
Time of Examination
Pre-Publication
Time Frame from the Date of Application
2 Months
Deadline to File the Reply
2 Months
Permissible Extension to File the Reply
Yes
Period of Permissible Extension
2 Months
Time Frame for Issuance of Decision
N/A
Applicability of Examination
Mandatory
Time of Examination
Post-Publication
Time Frame from the Date of Application
6 Months from Filing Date (Euro-PCT) / 6 Months from Publication Date (Direct EP)
Deadline to File the Reply
4 Months
Permissible Extension to File the Reply
Yes
Period of Permissible Extension
2 Months
Time Frame for Issuance of Decision
3-4 Years
Applicability of Examination
Yes
Time of Examination
Post-Publication
Time Frame from the Date of Application
6 Months from Filing Date (Euro-PCT) / 6 Months from Publication Date (Direct EP)
Deadline to File the Reply
4 Months
Permissible Extension to File the Reply
No
Period of Permissible Extension
N/A
Time Frame for Issuance of Decision
2-3 Years
Applicability of Publication
Yes
Time Frame of Publication from Date of Acceptance
18 Months
Applicability of Publication
No
Time Frame of Publication from Date of Acceptance
N/A

OPPOSITION

Applicability of Opposition
Yes