Faq

What is the process for getting a patent in India? An Indian patent application goes through the following stages, till grant: Filing: - This stage includes filing the application at the Indian Patent Office and complying with all the formal requirements. Filing a Request for Examination: - A request for examination is required to be filed by th......

Who can file a patent application in India? A patent application can be filed by one or more of the following: True and first inventor Assignee of the inventor, or Legal representative (in case of a deceased inventor) What are the documents and information required for filing a national phase/ convention application in India? The document......

What is the fee payable for a patent application? Following fees are payable for a patent application: Application filing fee Extra claim fee for each claim above 10 Extra page fee for each page above 30 Extra Priority claim fee for each priority claim above 1 Fee for Requesting Examination Can extra claim fee and/or extra sheet fee ......

What are the types of amendments which can be made under the Patents Act? The amendment of the following documents and information is considered permissible under the Patents Act: Document/ information which could be amended When Comments Name, address of applicant/inventor - Anytime during the pendency of application; A documentary evidence ......

What is to be done once a patent has been granted? After the grant of the patent, the patentee is required to pay the renewal fee accumulated from third year onwards till the date of grant of the patent. This accumulated renewal fee must be paid within three months of date of grant of the patent. Extension of six months is also available for payment of accumu......

When would a patent applicant be required to seek permission from the Indian Patent Office (commonly referred to as “foreign filing license”) for filing an application outside India? A request for foreign filing license has to be filed by the inventor(s) of the claimed invention. An inventor(s) would be required to seek a foreign filing license if he/she qual......

Can a telephonic hearing be conducted with the Controller? Yes, it is possible to have a telephonic hearing with the Controller. However, it is subject to discretion of the Controller. Also, the provision of video conferencing with the Controller has been introduced, though this is also subject to the Controller’s discretion. Can a Controller’s decisi......

What are the various stages involved in the registration of an Indian Trademark? The Trademarks Law in India is governed by the Trade Marks Act, 1999. The Act provides for registration of any mark which is capable of being represented graphically as a word, device, label, numerals or combination of colors and capable of distinguishing the goods or servi......

What is a Well-Known Trademark? The term ‘well-known trademark’ refers to a mark which has become so well-known to the substantial segment of the public through its extensive and continuous use. Use of the mark in relation to any other goods or services by another party may be taken as indicating a connection between the two parties.Individuals/ Compani......