1. What are the various timelines involved in the grant of an Indian patent?
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 12 months of the date of filing of the Provisional Specification. | No |
| b) | Filing a National Phase application | Within 31 months of the priority date | No |
| c) | Filing a convention application | Within 12 months of the priority date | No |
| d) | Filing a divisional application | Any time before the grant of the parent application | No |
| e) | Filing an application for a patent of addition | Any time during the term of the parent application | No |
| f) | Publication of an application by the IPO | On or after the expiry of 18 months from the filing date or the priority date, whichever is earlier. | – |
| g) | Filing a 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. | – |
| h) | Publication of an application after a request for early publication is filed | Within one month of the filing of the request | – |
| i) | Filing a request for examination | Within 48 months from the filing date or the priority date, whichever is earlier.
|
No |
| j) | Filing a request for expedited examination | Within 48 months from the filing date or the priority date, whichever is earlier.
|
No |
| k) | Filing a response to the examination report. | Within 6 months from the date of issuance of the examination report.
|
An extension of up to 3 months is available provided a request for extension is filed before the expiry of the 6 months’ period. |
| l) | Filing written submissions pursuant to a hearing of a patent application in India | Within 15 days of the hearing | An extension of up to 1 month is available provided a request for extension is filed before the expiry of 15 days. The extension is available on discretion of the Controller. |
| m) | 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. |
An extension of 6 months is available upon payment of the prescribed fee. |
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