Filing a Patent application is the first step towards protecting an invention. This presentation details in brief on how and where to file a patent application along with the other documentary and statutory requirements.

1. Patent Filing & Grant Procedures
Pooja Shree
pooja@selvamandselvam.in
www.selvamandselvam.com

2. Who can Apply?
• Any person claiming to be the true and first inventor
of the invention;
• Any person being the assignee of the person claiming
to be the true and first inventor in respect of the right
to make such an application;
• Any legal representative of any deceased person who
immediately before his death was entitled to make
such application.
• An application may be made by any of the persons
referred; either alone or jointly with other persons.
(Section 6 of the Patent Act, 1970)

3. Where to Apply?
• The head office for Patent Administration in
India is at Kolkata.
• Patent offices have 4 four branches based
on territorial jurisdictions:
MUMBAI- The States of Maharashtra,
Gujarat, Madhya Pradesh, Goa and
Chhattisgarh and the Union Territories of
Daman and Diu & Dadra and Nagar Haveli.
CHENNAI- The States of Andhra Pradesh,
Karnataka, Kerala, Tamil Nadu and the Union
Territories of Pondicherry and Lakshadweep.

4. NEW DELHI- The States of
Haryana, Himachal Pradesh, Jammu
and Kashmir, Punjab, Rajasthan,
Uttar Pradesh, Uttaranchal, Delhi
and the Union Territory of
Chandigarh.
KOLKATA- The rest of India.

5. Patent Specification
• The description of the invention is called
specification.
• A provisional specification usually contains only a
brief description of the invention and need not
contain claims.
• The complete specification contains the full
description of the invention. It comprises of a title,
field of invention, the background of the invention,
the description of the related art, drawbacks of the
prior art, the summary of the invention, the brief
description of the figures, the detailed description of
the preferred embodiments, claims and abstract.
• Complete specification must be filed within 12
months from the date of filing of the provisional
specification.
• Best case scenario for early stages in the research
and development for an invention is to opt for
provisional specifications.
• Claims are a vital component in the patent
specification as it is the legal operative part which
defines and determines the legal protection sought
for.

6. The Filing Procedure at a Glance
Filing patent application
Pre-Grant Publication
Early Publication Publication after
18 months
Request for Examination Examination Report
Objections Complied
with
Response to Office
Action
Patent Granted
Post-Grant Publication Renewal

7. How to Apply?
• The procedure for the grant of a patent starts with
filing of the patent application along with the
prescribed fees at the appropriate patent office.
• The pre-grant publication is generally done after 18
months from the date of filing of the patent
application.
• But, there is a provision for early publication wherein
by filing Form-9 along with prescribed fees the
applicant can request an early publication before 18
months. (Section 11 A)
• Such application will be published within 1 month
from date of request for early publication.

8. Request for Examination
• The patent application will be examined only after
receiving request for examination.
• The applicant or any other interested person shall
make a request for examination after the pre-grant
publication and within 48 months from the date of
filing the patent application.

9. Objections
• The application shall be examined and a first
examination report stating the objections will be
communicated to the applicant.
• A response to the objections raised in the examination
report shall be filed by the applicant.
• The objections need to be complied with and
accordingly the application ought to be amended.
• If the applicant does not comply with the objections
within 12 months from date of examination report, the
application shall be abandoned.

10. Grant of Patent
• The application would be placed in order
for grant once the objections have been
complied with and it is found to be
meeting all patentability requirements.
• The grant of patent is notified in the
patent journal which is published time to
time.
• At that time, oppositions may be filed on
limited grounds, and hearing is not
mandatory.

11. Post-Grant Opposition
(Section 25(2))
• After the patent is granted, the application
and other related documents will be open
for public inspection.
• Thereafter, at any time after the grant but
before the expiry of a period of 1 year
from the date of publication, oppositions
can be filed on substantive grounds.
• The constituted opposition board will hear
and examine the matter and accordingly
the patent will either be maintained or
amended or revoked by order.
• The entire patent grant process generally
takes at least 2 years.

12. Duration of Patent
• The term of a patent is 20 years from the date of filing
the patent application.
• A patent is required to be maintained by paying
annuity fees. If not paid, the patent will cease.

13. If you have any questions, feedback or suggestions please do write to me:
pooja@selvamandselvam.in