The timelines for completing various tasks or submitting various documents in the patent prosecution process differ depending on which stage a patent application is at. The various timelines involved in the grant of an Indian patent are as below:
Stage 1: Application Filing
The first stage in patent prosecution is, of course, the filing of the application itself. Different kinds of applications have varying timelines, as can be seen below. For more information on the documents required and the process of filing an application, please visit: https://www.obhanandassociates.com/blog/putting-an-indian-patent-application-together-documents-and-information/.
| S. No. | Task | Timeline | Extensions
|
| 1. | Complete Specification’ after a ‘Provisional Specification’ | Within 12 months of the date of filing of the Provisional Specification. | No |
| 2. | National Phase application | Within 31 months of the priority date | No |
| 3. | Convention application | Within 12 months of the priority date | No |
| 4. | Divisional application | Any time before the grant of the parent application | No |
| 5. | Application for a patent of addition | Any time during the term of the parent application | No |
Stage 2: Publication
The second stage is when the Indian Patent Office (IPO) publishes an application in the office journal with all pertinent details related to the application.
| 6. | Publication of an application by IPO | On or after the expiry of 18 months from the filing date or the priority date, whichever is earlier. | – |
| 7. | Request for early publication | Any time after the filing of the complete specification but before the expiry of 18 months from the filing date or the priority date. | – |
| 8 | Publication after request for early publication is filed | Within one month of the filing of the request | – |
Stage 3: Examination
The next stage involves the IPO examining an application to determine whether the invention claimed in the patent application is patentable or not, testing for factors such as inventiveness and novelty.
| 9. | Request for examination | Within 48 months from the filing date or the priority date, whichever is earlier.
|
No |
| 10. | Request for expedited examination | Within 48 months from the filing date or the priority date, whichever is earlier.
|
No |
| 11. | Filing response to examination report | Within 6 months from the date of issuance of the examination report.
|
Up to 3 months, provided a request for extension is filed before expiry of the 6 months’ period. |
Stage 4: Hearing
After the examination of an application, a Controller, who is an officer senior to a Patent Examiner, issues a notice of hearing inviting the applicant to attend the hearing on a scheduled date.
| 12. | Written submissions pursuant to a hearing of a patent application in India | Within 15 days of the hearing | Up to 1 month provided a request for extension is filed before expiry of 15 days. Extension subject to Controller’s discretion. |
Stage 5: Renewal
The final stage in patent prosecution entails keeping the patent alive over the course of the term of the patent, by way of renewal, through the periodic payment of a renewal fee.
| 13. | Payment of renewal fee | The renewal fee is payable only after the grant of the patent. The schedule is as follows:
– Within 3 months of grant: All annuity payments that are due, calculated from the third year from the filing date.
– Before each subsequent anniversary of the filing date: Annuity payments.
Note: For a PCT National Phase application, the international filing date is the filing date in India.
For a complete application filed after provisional, the filing date is the filing date of the provisional application. |
Extension of 6 months upon payment of the prescribed fee. |
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