India
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 Patents (Amendment) Rules 2016 effective 16 May 2016 |
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Major international treaties signed |
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Costs of obtaining a patent | Please contact us at india@mirandah.com |
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Average time to obtain a patent | 5 to 6 years from filing in India | ||||||||||||
Official language for patent prosecution | English or Hindi | ||||||||||||
Non-patentable subject matter |
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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 |
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Major prosecution events |
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Filing and prosecution procedures | Stage 1: Filing Stage 2: Publication & Pre-Grant Opposition (if any) Stage 3: Examination Stage 4: Grant Stage 5: Post-Grant Opposition (if any) Stage 6: Renewal/ Annuity |
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Extension of office action deadlines | 3 months | ||||||||||||
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) |
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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 |
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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.ipindia.nic.in |
Infringement offence | Available |
Specialized courts for IP | Not available. However, Intellectual Property Appellate Board (IPAB) is available to hear appeal against decision made by the 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 |