March 6, 2018
Faq | Patent
Faq | Patent
Timelines
What are the various timelines involved in the grant of an Indian patent?
Ans. The timelines for completing various tasks or submitting various documents are as follows:
S. No.
Task
Timeline
Extensions
a)
Filing a ‘Complete Specification’ after a ‘Provisional Specification’
Within twelve (12) months of the date of filing of the Provi......
March 5, 2018
Faq | Patent
Faq | Patent
Prosecution and Opposition
Can the examination of a patent application in India be expedited?
Ans. An applicant may file a request for expedited examination at any time within thirty one (31) months of the date of filing or date of priority, whichever is earlier if:
a) the applicant is any one of the following:
- a start-up,
- a small entity,
- a female applicant,
- in case of ......
March 4, 2018
Faq | Patent
Faq | Patent
Amendments
What types of amendments to a patent application can be made in India?
Document/ information which could be amended
When
Comments
Name, address of applicant/inventor
- Anytime during the pendency of application;
- After grant
Documentary evidence will be required to change/ correct the name/ address of the inventor(s)/ app......
March 3, 2018
Faq | Patent
Faq | Patent
Post Grant Requirements for Patent Applicant in India
What are the key requirements that a patent applicant is required to comply with after the grant of a patent in India?
Ans. There are three key requirements that a patent applicant must comply with after the grant of a patent in India, which are as follows:
Pay renewal fees to maintain the patent
File the statement of working of patent in India
U......
March 1, 2018
Faq | Patent
Faq | Patent
Foreign Filing License
When is a Foreign Filing License (FFL) required in India?
Ans. An FFL is required when a patent application is proposed to be filed outside India in the following case:
a) the applicant or the inventor(s) is a resident of India, and
b) the applicant or the inventor does not wish to file a patent application in India prior to filing o......
February 27, 2018
Faq | Patent
Faq | Patent
Enforcement of Patents in India
What are the advantages or marking in your country and is it a legal requirement?
Ans. While practically, the Courts do not refuse enforcement of patent for non-marking, the legal provisions provide that in a suit for infringement of a patent, damages or an account of profits shall not be granted against a defendant who proves that at the date of the infringe......