Patent

India

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
15d75e7f280b661568008178@_Worksheet_in_India_Patent.xlsx
Non-Convention Application
Yes
Convention Application
Yes
PCT National Phase Application
Yes
Divisional Application
Yes
Patent of Addition
Yes
Patent of Importation (Patent of Introduction)
No
Others
No
Utility Model Protection is provided under Patent
Utility Model Patent is not available in India where normal patent application has to be filed in such cases. However, priority can be claimed for such application filed in India from Utility Model Patent application filed in convention country.
Type of Application
N/A
Time Period
31 Months
Extended Deadline
N/A
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
30 Pages
Basic Number of Claims
10 Claims
Basic Number of Dependent Claims
N/A
Basic Number of Independent Claims
N/A
Types of Claims
Product-by-Process
Invention Specification
N/A
Language of Specification
English
Translation required
No
Due date to file the translation
N/A
Power of Attorney (In case of individual applicant, copy of passport is required)
Signed
Deed of Assignment
Notarized
Priority Document, with required translation
Certified
Incorporation Certificate, with required translation
No
Home / Foreign Registration Certificate, with required translation
No
International Search Report (ISR), in case of PCT
Yes
International Preliminary Examination Report (IPEA), in case of PCT
Yes
Declaration of Ownership
No
Declaration of Nationality
No
Copy of Inventor's Passport
No
Other Documents
No
Applicability of Examination
Mandatory
Time of Examination
Post-Publication
Time Frame from the Date of Application
1 Month from the Publication Date or 1 Month from the Date of Request for Examination, whichever is later
Deadline to File the Reply
12 Months
Permissible Extension to File the Reply
No
Period of Permissible Extension
N/A
Time Frame for Issuance of Decision
N/A
Applicability of Examination
Mandatory
Time of Examination
Post-Publication
Time Frame from the Date of Application
1 Month from the Publication Date or 1 Month from the Date of Request for Examination, whichever is later
Deadline to File the Reply
12 Months
Permissible Extension to File the Reply
No
Period of Permissible Extension
N/A
Time Frame for Issuance of Decision
N/A
Applicability of Examination
Yes
Time of Examination
Post-Publication
Time Frame from the Date of Application
1 Month (approx)
Deadline to File the Reply
To be provided by the Examiner
Permissible Extension to File the Reply
No
Period of Permissible Extension
N/A
Time Frame for Issuance of Decision
N/A
Applicability of Publication
Yes
Time Frame of Publication from Date of Acceptance
"18 Months from the Date of Filing or Date of Priority, whichever is earlier"
Applicability of Publication
Yes
Time Frame of Publication from Date of Acceptance
1 Month (minimum)

OPPOSITION

Applicability of Opposition
Yes