The patent rights in India accrues from the date of publication of application, it is therefore advisable to ensure speedy publication of the application. In India a patent application is not examined unless a request for examination is filed within 48 months from the date of priority. The usual time frame from filing of request to issuance of examination report is 18-24 months therefore this is also advisable to file the request for examination as soon as possible to expedite the grant in India.
To putting the application in order of grant, the time frame is 12 months from date of issuance of the examination report, but it is advisable to initiate the discussion and file the response with the examiner as soon as possible to avoid any last minute hassles.
The legal representative first files patent application in India, although you can personally or jointly file the application, the ones filed by patent attorneys will need a rightful proof of the assignment. The patent application can be filed through a patent cooperation treaty that has corresponding Indian applications or at the official Indian patent office or even through conversational patent application. These patent offices are located at four areas in India, which are Mumbai, Kolkata, New Delhi and Chennai. In addition one is another way to file patent application by online is called e-filing of patent application. After filed patent application, with entire specifications, the controller would have the right to convert it into provisional one.