Examination of a Patent Application

Examination of a patent application is not done automatically. The applicant or any interested third party should file a request for examination by paying the prescribed fees in order to examine the application. The time period for filing a request for examination is 48 months from the date of filing the priority application. Request for examination can be filed during the filing of a patent application; however, the examination of an application is started only after the publication of the application. For a national phase application, an expressed request for examination can be filed at the time of filing the application in India by paying the prescribed fees. The application will be treated as withdrawn in case of failure to file the request for examination with the given time period of 48 months. Extension beyond 48 months is not available in India.

For a national phase application, an expressed request for examination can be filed at the time of filing the application in India by paying the prescribed fees. The application will be treated as withdrawn in case of failure to file the request for examination with the given time period of 48 months. Extension beyond 48 months is not available in India. Examination is carried out on the basis of the patentability criteria such as novelty, non-obviousness and industrial applicability.

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