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What is the law under which the Patent protection is granted in India?
The Patents (Amendment) Act – 2005 and The Patents (Amendment) Rules – 2016 deal with the mechanism of Patent protection in India.
What are the types of Patent protection in India?
Process Patent and Product Patent are the two types of Patent protection in India.
What is the Patentable subject matter in India?
In India, any invention which satisfies the conditions of originality, novelty, inventive step and industrial applicability, subjects to Patentability.
What are the types of Patent Applications in India?
The following are the types of Patent Applications in India: Non-Convention Application Convention Application PCT National Phase Application Divisional Application Patent of Addition
Is Utility Model Protection available in India?
No, Utility Model Patent is not available in India.
What is the time period for PCT National Phase filing?
PCT National Phase has to be filed within 31 months.
What is the term for Patent protection?
The Patent of invention lasts for 20 years in India.
What are the documents and information required at the time of filing the Patent application?
The following information and documents are required to file the Patent application in India:
1. Power of Attorney.
2. Priority Document with required translation
3. The applicant’s name and address and nationality Provisional specification or complete specification with description, claims, abstract and drawings.
4. International Search Report(ISR), in case of PCT International Preliminary Examination Report(IPER), in case of PCT.
What is the time frame for examination from the date of application?
The time frame for examination is 1 month approximately from the Publication Date or 1 month from the Date of Request for examination, whichever is later.
What is the time frame for publication from the date of acceptance?
The time frame for publication is 18 months approximately from the Date of Filing or Date of Priority, whichever is earlier.
When can an opposition be raised against a Patent application in India?
In India, an opposition against a Patent application can be raised both at the pre-grant and post-grant stage. At the pre-grant stage, any third party may raise an opposition after the patent is published but before it is granted, which is usually within 6 months of publication. And for the post-grant scenario, an opposition can be raised within 12 months from the date of publication of grant.
What permissible amendments could be made to a Patent in India?
The following are the permissible amendments: Clarifying the invention without resulting in varying the scope of invention. Substantial amendments to claims. Substantial amendments to descriptions.
What is the time frame for payment of Annuities before the due date?
The time frame for payment of Annuities before the due date is 3 months.
What is the applicable law for enforcement of a Patent in India?
In India, The Code of Civil Procedure, 1908(Act No, 5) corresponds to the applicability of enforcement for a Patent.
What are the documents required at the time of filing the recordal application for a Patent?
The documents required are as follows:
1. CHANGE OF NAME/LEGAL FORM/ADDRESS Certified copy of extract from the Registrar of Companies with required translation.
2. Power of Attorney.
3. ASSIGNMENT: Deed of Assignment Power of Attorney.
3. MERGER: Deed of Merger Power of Attorney.
4. LICENSE: License Agreement Power of Attorney.
How long does it take for a Patent to be granted in India?
In India, it takes around 3-4 years approximately for a Patent to be granted.