Patent Examination System in India

Narendra Kumar

24 May, 2019

Patent Examination System in India

• The need for Patent Examination

As per the Indian patent system, getting patent registration provides an exclusive right to the patentee by the government for his invention from making, using, selling, and importing the patented product by another individual without the patentee’s permission.

But this patent right should be provided to those inventions which meet the criteria as laid down under the Patent Act, 1970. It is therefore obligatory on the part of Examiner to examine that whether the invention is new, carry inventive step or capable of Industrial application.

Even though comprehensive search is done at the time of oppositions, revocations or counter revocations in infringement suits, but the examination process acts as a primary step of Indian patent system.

Examination process cannot begin unless a request to patent office has been made to process the Patent Registration to the Examination stage. So now we would proceed with Understanding the Provision for Its Examination.

• Who Can Make a Request For Patent Examination?

The request for initiating the examination process can be made by

• • Patent Applicant or
  • Any other interested party
  • The requirement for Making Examination Request
  • Request of Examination is filed by filing form 18 mentioning the details of the applicant or interested party along with the evidence of his interest, application no, date of filing, title and publication date along with the following fees structure.

  • 

• Requests for Patent Examination can be made within 48 months from the priority date or date of filing of the patent application; whichever is ear

• Note:

1. If the patent examination request is not filed within the specified time the application shall be treated as withdrawn by the Indian Patent Office
2. Applications filed under Patent Cooperation Treaty (PCT) before expiry of31 months from the priority date

• Process After the Application is Examined
• After the application for patent registration for a patent, registration is examined, Patent office issues the examination report to applicant known as First Examination Report (FER).
• Applicant needs to respond to the objections (if any) in the examination Report within 12 months from the issue of FER.
• If examiner satisfied by the response and if the applicant has responded within the prescribed time, the patent is granted and published in Journal. On the other hand, if the examiner is not satisfied by reply applicant has filed the reply, not in compliance with the time prescribed, the application will be abandoned.

Note:

Before rejecting the patent application, the controller will provide the opportunity of being heard provided applicant has filed a hearing request 10 days in advance before the expiry.