What are various timelines involved in the grant of an Indian Patent?

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The timelines associated with the stages mentioned above and the actions involved therein have been summarized below:

  1. Filing:
    • The timeline for different types of applications are as follows:

      For National Phase application:

      Within 31 months of the priority date

      For convention application:

      Within 12 months of the priority date

      For a divisional application:

      Any time before the grant of parent application

      For a patent of addition:

      Any time before or after the grant of parent application

      For a Complete Specification after Provisional Specification:

      12 months from the date of filing of the Provisional Specification.

  2. Request for Examination:

    • A request for examination may be filed at the time of filing the application. Alternatively, the request may be deferred to anytime within 48 months of the earliest priority date.
  3. Publication of application by the Indian Patent Office:

    • Every patent application is published on or after 18 months from the earliest priority date.

  4. First Examination Report (FER) by the Indian Patent Office:

    • The date of issuance of the FER depends on the date on which the request for examination is filed. The earlier the request for examination is filed, the earlier the FER may be expected.

  5. Response to the FER by the applicant:

    • The applicant is allowed 6 months from the date of issuance of FER to respond to the objections raised in the FER.

    • An extension of a maximum of 3 months is available upon payment of prescribed fee. Such a request for extension of time however must be filed prior to the expiry of the 6 months’ period.

  6. Grant:

    • If all objections have been met, then the application proceeds to grant within a couple of months of the hearing mentioned above.

  7. Payment of renewal fee:

    • Upon grant of the patent, accumulated renewal fee for the third year onwards is required to be paid within 3 months of date of grant.

    • An extension of 6 months is available upon payment of prescribed fee, for payment of accumulated renewal fee.

    • Thereafter, every year renewal fee falls due on the anniversary of the filing date of the application.

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