India is a complete form

FAQ - India

As a foreign applicant, do I have to appoint a professional representative in India?

The appointment of an authorized representative is not required by law. However, people domiciled or resident abroad must provide an address for correspondence in India, to which all notices from the Indian Patent Office are sent. The delivery address could e.g. B. the address of an authorized representative can be used.

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Which of the four filing offices in India do I have to file my patent application with?

India's four filing offices are located in Kolkata, New Delhi, Mumbai and Chennai. Each office has its own territorial competence. This depends on where you have to submit your application

  • where you live,
  • where your company is based, and
  • where the invention originally came from.

Territorial jurisdiction for foreign applicants without a place of business or address in India is determined by the address or place of business of their patent attorney.

You can find out more about the territorial jurisdiction of the four filing offices of India on the website of the Indian Patent Office under the heading "Jurisdiction of patent offices".

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In what language can I file patent applications in India?

The official filing languages ​​in India are English and Hindi. For PCT applications that are not filed or published in English, an English translation must be submitted within the 31 month period.

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Can I claim priority for filing in India?

Yes, you can get priority when filing a patent application in India. A certified copy of the priority document must be submitted within three months of the filing date. The priority period is 12 months from the time of the earliest claimed priority. You can also take advantage of several priorities. Claiming an internal priority (based on an application previously filed in India) is also possible.

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What can I do to get an early filing date in India?

For applications that are not filed under the Paris Convention (Paris Convention), you can secure an early filing date by filing a provisional application for which a full application must be submitted within twelve months of the filing date. Provisional applications cannot be filed for divisional applications, PCT applications or PCT applications in the national phase.

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Does India allow divisional applications?

Yes, applicants can file one or more divisional applications at any time before a patent is granted.

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What is a provisional application in India?

A preliminary registration is used to secure a priority date for registration. It describes the nature of the invention without claims and should contain the name of the invention and a description. A complete registration with the claims and a summary must be submitted within twelve months of the preliminary registration.

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Are Indian patents subject to substantive examination?

Indian patents are subject to both formal and substantive examination. The substantive examination is carried out on request (by the applicant or a third party) to determine whether the invention meets the requirements for patentability (novelty, inventive step and industrial applicability).

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After filing an application in India, how long do I have to file for examination?

You must submit a request for examination within 48 months of the priority date or the filing date, whichever is the earlier. If the request for examination is not submitted within the prescribed period, the application is deemed to be withdrawn.

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Can I request that my application be published in India within 18 months of the filing date?

Yes, you can request early publication. The application will be published within one month of the date of application, subject to payment of the prescribed fee.

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Can I withdraw my application before it is published in India?

Yes. If you request withdrawal within 15 months of the filing date or the priority date, whichever is earlier, your application will not be published in India.

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Can I file an objection to an Indian patent application?

Yes. Anyone can appeal the grant of a patent by filing an objection to the Indian Patent Office's controller at any time after the patent application is published and prior to the announcement of the grant decision. In the event of such an objection prior to granting, the facts and evidence presented will only be taken into account if the examination of the application has been requested.

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When is the first examination notification usually issued in India?

Since May 2006, the first examination report, known as the "First Examination Report (FER)", has been issued usually within six months of the date on which the examination was requested.

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How long is the deadline to respond to official notices in India?

You should meet all legal requirements as early as possible and resolve all objections raised in the first examination report (FER). If you do not respond to this notification within six months of the day on which the FER was issued, your registration will be deemed to have been dropped.

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