| 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
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|
| 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
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| 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
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| 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 |
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