Having your invention protected with a patent gives you the right to stop/prevent others from copying, developing, selling or importing your intervention without your consent. The patent right lasts for duration of 20 years.

Stage 1 – Patent Search

Though not mandatory, it is recommended to perform a thorough patentability search before filing your application.

1. Once the patent search is through, an application needs to be prepared.
2. Each patent application must be accompanied by a specification and drawings.

1. In case you are in the early stage of research and development, you can file a provisional application. Upon filing a provisional application, you will be given a 12 months period to come up with complete specification.
2. If you are already at the stage with complete information, you can directly file the patent with complete specification.
3. The application thus received will be published in the Patent Office Journal after 18 months of the filing date. However, you can apply for an early publication by paying the prescribed fees.

After publication, any person contesting for the content disclosed in the patent application can file a pre-grant opposition at the patent office.

The examination of the patent application will be initiated only upon receiving a Request for Examination, which is due within 48 months from date of filing. Once the request is placed, the patent application will be given to the patent examiner who would be examining the patent application on different criteria like:

• Novelty
• Inventive step
• Patentable subject matter
• Non-obviousness
• Industrial application

Upon reviewing the patent based on the above terms, a First Examination Report will be issued stating all the requirements/objections that need to be addressed in the application. The applicant must address the objection with 12 months from the date of First Examination Report.

Stage 6 – Grant Of Patent

If the objections are not addressed within the specified period, your application will be deemed to be abandoned. If all objections are met, the patent will be granted, entered in the register of patents and will be notified in the Patent Office Journal for public inspection.

Stage 6 – Post- Grant Opposition

1. Any person can file a notice of opposition before one year from the date of publication of grant of a Patent in the Patent Office Journal along with a prescribed fee.
2. The grounds of post-grant opposition will be reviewed and decided by the Opposition board. This will be followed by a hearing based on which a decision will be reasoned by the controller.