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Patent Examination in India – Time Frames & Deadlines

Patent Time line under the Indian Patents Act, 1970 and Patents Rules, 2003 | Responding to Office Actions Issued by Patent Examiner

National phase patent International Patent Applications filed at Indian Patent Office under the Patent Cooperation Treaty

Recently in India there has been some important changes in patent practice before the Indian Patent Office. One of the most notable and important change is the timeline to respond to the patent Examination Report issued under sections 12 & 13 of the Patents Act, 1970 and the Patents Rules, 2003. The patent Examination Report is only issued if the patent applicant has filed request for examination form before the patent office. The patent applicant has to file for Form 18 and this is commonly known as RFE request form. Under the new patent amendments in India the patent applicant or inventor has to comply with all the requirements imposed in the patent examination report. The important deadline date to put the patent application in order for grant is within 6 months from the issuance of the first statement of objections, as prescribed under Rule 24B (ii)(5) of the Patent Rule, 2003. Earlier the time to file response to office action was 12 months.

The patent applicant is provided with a period of 6 months from the date of first office action for having the patent application in order of grant.

The patent application is deemed to be abandoned under Section 21(1) of the Indian Patents Act 1970 if suitable office action patent response is filed before the patent examiner. The patent Examination Report includes the requirements imposed by the Indian Patent Act and Rules. Tech Corp Legal team of patent attorneys can guide you through the process of replying to the patent examination report and file the office action patent response before the Indian patent office. It is advisable to file office action patent response reply at the earliest.

Patent Prosecution in India , law firm for Patent Prosecution in India

Important Point to note before filing the Non-provisional Patent Application in India

One of the common objection raised by Indian patent examiner is about describing the distinguishing features of the invention in question with refrence to prior art cited. The details describing the difference should be written in the detailed patent specification. Another very common remark is related to Statement & Under Taking in Form 3. Many a times Form-3 is not been filed along with the patent application at the time of filing patent in India. However, details regarding patent application for Patents which may be filed outside India from time to time for the same or substantially the same invention has to be furnished within Six months from the date of filing of the patent application under clause (b) of sub section(1) of section 8 and rule 12(1) of Indian Patent Act in India.

Endorsement by /Assignment from Inventor

Proof of right has to be submitted with the patent application u/s 7(2) of the Patents Act 1970 (amended 2005).

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