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 is estimated to be US$4.042 trillion with a per capita of US$3,700.
INDIA PATENTS SYSTEM
| Major international treaties signed |
Patent Co-operation Treaty
Paris Convention
Budapest Treaty |
| Costs of obtaining a patent |
Please contact us at india@mirandah.com |
| Average time to obtain a patent |
24-48 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 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 other than its technical application to industry
- A mathematical method or business method
- Scheme or rule or method of performing mental act or method of playing game
- Topography of integrated circuits
- Traditional knowledge
|
| Grace period for pre-filing sale or public disclosure |
12 months before Indian filing date (for disclosure to learned community) |
|
Major prosecution events(time from priority date) |
| National phase entry |
: |
31 months |
| Request for Examination |
: |
48 months |
| Putting in order for grant |
: |
12 moths from issuance of E.R. |
| Renewals (after grant) |
: |
every year | |
| Extension of deadlines |
1 month for formality requirements; 6 months for payment of renewal fee
|
| Pharmaceutical Data Exclusivity Laws |
Not Available |
| Parallel Imports |
Allowed |
| Term of patent |
20 years |
| Patent Term Extension |
Not available |
| Restoration of lapsed patent |
Within 18 months from the date of lapse |
| Search and Examination |
Indian patent office conducts Substantive Examination on its own |
| Other forms of patents |
Patents of Addition |
| Useful links |
www.mirandah.com
www.patentoffice.nic.in |
ENFORCEMENT OF PATENTS
| Infringement offence |
Civil and Criminal (in certain cases) |
| Any specialized courts for IP |
Yes – Appellate Boards (Not in force for patents yet) |
| Outline of the enforcement steps |
(i) Notice of Cease and Desist
(ii) Infringement lawsuit |
| Relief against groundless threats |
Available |
| Declaration of Non-infringement |
Available |
| Preliminary injunctions |
Available |
| Time frame for various legal actions |
(i) Revocation - 1 to 2 year
(ii) Infringement proceeding - 2 to 3 years |
| Alternative dispute resolution |
(i) Arbitration
(ii) Conciliation |
| Availability of damages and other relief for infringement |
| (i) |
Injunction |
|
| (ii) |
Account of Profits |
|
| (iii) |
Seizure, Forfeiture or destruction of goods found to be infringing without payment of compensation |
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Disclaimer: The information provided above is intended to serve as a general guideline and is not intended as legal advice. The information is correct at the time of printing.