- 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 Provisional Specification. | No |
| b) | Filing a National Phase application | Within thirty one (31) months of the priority date | No |
| c) | Filing a convention application | Within twelve (12) months of the priority date | No |
| d) | Filing a divisional application | Any time before the grant/refusal 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 eighteen (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 eighteen (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 (1) month of the filing of the request | – |
| i) | Filing a request for examination | For patent applications filed after March 15, 2024: Within thirty one (31) months from the filing date or the priority date, whichever is earlier.
|
up to six (6) months
|
| For patent applications filed before March 15, 2024: Within forty eight (48) months from the filing date or the priority date, whichever is earlier.
|
No extensions available
|
||
| j) | Filing a request for expedited examination | For patent applications filed after March 15, 2024: Within thirty one (31) months from the filing date or the priority date, whichever is earlier.
|
up to six (6) months
|
| For patent applications filed before March 15, 2024: Within forty eight (48) months from the filing date or the priority date, whichever is earlier.
|
No extensions available | ||
| k) | Filing a response to the examination report. | Within six (6) months from the date of issuance of the examination report.
|
up to three (3) months. |
| l) | Filing written submissions pursuant to a hearing of a patent application in India | Within fifteen (15) days of the hearing |
Up to six (6) months |
| m) | Payment of renewal fee | The renewal fee is payable only after the grant of the patent. The schedule is as follows:
– Within three (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. |
Up to six (6) months |
| n) | Statement of Working (Form 27) | Every period of three financial year, starting from the financial year commencing immediately after the financial year in which the patent was granted, within six (6) months from the expiry of each such period. | Up to three (3) months |
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