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How to Register a Patent

The registration of a patent in india is prescribed under the Patent Act 1970. For registration of a patent application, a patent application enclosing the specification is to be submitted in the patent office. Patent can be filed by an inventor, an applicant and a registered Patent Agent who is authorized to act on behalf of the Inventor or the applicant. The filing and prosecuting it in the Patent Office is a cumbersome steps and always advice to take help from a Patent Agent who is highly skilled in technically and legal practice.

Patent Registration Process

The registration process of a patent in india can be sum up as follows:

Filing of a Patent Application :
The first step to obtain a patent is the filing a Patent application in Indian Patent Office. Patent granted in India for a product and process. A patent application can be filed as ordinary application (provisional/complete), Conventional Application under Paris Convention and PCT/PCT National Phase Application under the rules prescribed by Patent Cooperation Treaty.

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Publication :
A patent is published after 18 months from the date of filing of the priority application.

Pre-grant Opposition :
Pre-grant Opposition can be filed within six months from the date of publication of the Patent application.

Examination :
Examination of a patent application is not automatic in India. The applicant or any third party can file a request for examination within 48 months from the date of filing of the patent application.

Office Action :
The time period for replying to an office action by the applicant is 12 months from the date of issue of the first examination report.

Notice of allowance/Rejection of the application :
After receiving the office action response from the applicant the Controller communicated to the application about the acceptance of the patent or rejection in case the response is not acceptable. Once the notice of allowance is issued, a patent number is given to the patent and it is maintained in the register of the Patent Office.