GENERAL COUNTRY INFORMATION
The Republic of India, whose capital is New Delhi, is the seventh largest country in the world by geographical area. It is the second most populous country in the world, with a population of over 1.1 billion. Its gross domestic product (GDP) of 2009 is estimated to be US$3.548 trillion with a per capita of US$3,100.

INDIA PATENTS SYSTEM

HIGHLIGHTS

Legal Basis	Patents Act 1970 effective 20 April 1972 Patents (Amendment) Act 1999 effective 1 January 1995 Patents (Amendment) Act 2002 effective 20 May 2003 Patents (Amendment) Act 2005 effective 1 January 2005 Patents Rules 1972 effective 20 April 1972 Patents (Amendment) Rules 2003 effective 20 May 2003 Patents (Amendment) Rules 2005 Patents (Amendment) Rules 2006 effective 5 May 2006
Major international treaties signed	Patent Cooperation Treaty effective 7 December 1998 Paris Convention effective 7 December 1998 Budapest Treaty effective 17 December 2001 Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS)
Costs of obtaining a patent	Please contact us at india@mirandah.com
Average time to obtain a patent	24 to 48 months from filing in India
Official language for patent prosecution	English or Hindi
Non-patentable subject matter	Frivolous or contrary to well established natural laws Invention against public order Discovery of a scientific principle or formulation of an abstract theory Discovery of new form of a known substance which does not result in enhancement of any efficacy, any new property or new use for a known substance or mere new use of a known process, machine or apparatus Substance obtained by mere admixture Mere arrangement or re-arrangement or duplication of known devices Method of agriculture or horticulture Process for medicinal, surgical, curative, prophylactic, diagnostic, therapeutic or other treatment of human beings or animals Plants and animals in whole or any part thereof other than micro-organisms A computer programme per se, other than its technical application to industry A mathematical method or business method, algorithms A literary, dramatic, musical or artistic work or any other aesthetic creation Scheme or rule or method of performing mental act or method of playing game Topography of integrated circuits Traditional knowledge
Grace period for prior disclosure or sale	Public disclosure: First application not later than 12 months after the first disclosure Public working (use): Prior working in India, 12 months before the priority date
Major prosecution events	National Phase Entry : 31 months Request for Examination :  48 months Putting in order for grant : 12 months from date of issuance of First Examination Report to comply with all the objections of First Examination Report and further Examination Report if any. No extension of time available. Renewals of patents : Every year
Filing and prosecution procedures	Stage 1: Filing Stage 2: Formality Examination Stage 3: Publication & Pre-Grant Opposition (if any) Stage 4: Substantive Examination Stage 5: Grant Stage 6: Post-Grant Opposition (if any) Stage 7: Renewal/ Annuity
Extension of office action deadlines	Not available
Necessary document for filing	A copy of PCT publication or Specification (in English or Hindi) Verified English translation of PCT publication / specification (if applicable) Power of Attorney (Form 26) Assignment/Inventor(s) Executed Form1 (may be submitted later) PCT IB304 or Certified copy of priority document (may be submitted later) Verified English translation of priority document (if applicable, may be submitted later)
Pharmaceutical Data Exclusivity Laws	Not available
Search and Examination	Indian patent office conducts Substantive Examination on its own
Opposition term	Pre-Grant: After publication of the application and any time before the grant of patent Post-Grant: One year from the date of publication of grant
Term of patent protection	20 years
Patent term extension	Not available
Restoration of lapsed patent	Within 18 months from the date of lapse
Parallel Imports	Available
Other forms of patents (e.g. Petty/innovation patents)	Patents of Addition
Useful links	www.mirandah.com www.patentoffice.nic.in

ENFORCEMENT OF PATENTS

HIGHLIGHTS

Infringement offence	Available
Specialized courts for IP	Not available. However, Intellectual Property Appellate Board (IPAB) is available to hear appeal against decision made by Intellectual Property Office.
Outline of the enforcement steps	Notice of Cease and Desist Infringement lawsuit
Relief against groundless threats	Available
Declaration of non-infringement	Available
Preliminary injunctions	Available
Time frame for various legal actions	Revocation - 1 to 2 years Infringement proceeding - 2 to 3 years
Alternative dispute resolution	Arbitration Conciliation
Availability of damages and other relief for infringement	Injunction Account of profits Seizure, forfeiture or destruction of goods found to be infringing without payment of compensation
Civil remedies	As per above
Criminal Sanctions	Not available

OTHER INFORMATION

Application of Patent From 2000 to 2007

Year	Application

	Domestic	Foreign	Total
2000	2179	8484	10663
2001	2371	8221	10592
2002	2693	8772	11465
2003	3218	9395	12613
2004	3630	13836	17466
2005	4521	19984	24505
2006	5314	24430	29744
2007	6040	29178	35218
Total	29966	122300	152266

(Source: Controller General of Patents, Designs & Trade Marks, India)

Disclaimer: The information provided on this website is intended to serve as a general guideline and is not intended as legal advice. Although we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness and accuracy with respect of the website or the information. Please contact us for further information.