Indian Patent Process

Kalyan K. kalyan@brainleague.com www.kalyankankanala.com

Process

Filing Publication Examination Opposition Grant

Filing

Place Applications Provisional and Complete Applicant

Filing Strategy

Time of filing Purpose of filing Subject matter of application Provisional Vs. Complete Application Foreign/PCT application

Priorty Date

Filing Foreign priorty PCT priorty

Publication

Notice to public Date of publication Rights start

Examination

Request for Examination First Examination Report Response to FERs Hearing

Grant

Ready for grant Fee Grant Publish

Opposition

Pregrant Post grant Grounds

Example

Vini conceives an invention for communicating with animals. It is a machine that can help pet owners control pet behaviour and prevent unruly behaviour with guests. She has a clear idea on how to make the machine but has not made a working model. Vini wants to file a patent application and approaches you. She discloses the following details to you:

a. She has scheduled a discussion with pet owners association in a week for funding; b. If every thing goes well, she wishes to sell the invention in India, USA and Europe; and c. She got the idea of the invention from her friend, who has five dogs. Your Advise on filing strategy and approach?

Example

Chanakya develops a software for performing political analysis based on data collected from various media sources. The software can predict behaviour of a politician with respect to an issue based on past performance. He files a patent application in USA on 14 September, 2011 and follows it up with an application in Europe on January 3rd, 2012 with an added component to capture languages other than english. He than adds a Hindi module and files an application in India on 14th March, 2012. Priority Date?

Example

Chaitanya files a patent over an invention relating magnetic cup holder. The invention consists of magnets attached to the cup and a detachable holder to facilitate attachment. The holder can take weight upto 1 KG. After reviewing the application, the patent office sends the FER, which states in part as follows:

"The invention is not patentable as it lacks novelty and inventive step. The following patents disclose the invention:
a. Patent 12345 - A detachable cup holder with a screw mechanism; and b. Patent 98765 - A detachable tennis racket holder with adjustable socket. Your Reaction and Response?

"... A blind lawyer, A dog that dreams, A viral epidemic and A patent infringement suit...."
- Timely Arrival (The Hindu)
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