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Patent Filing Requirements
Patent Prosecution Process in India

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Authors
Rahul Dev is a Patent Attorney, Technology &
Business blogger, and partner of
Tech Corp Legal LLP, an International Law Firm.
Read more..
Prity Khastgir is a Patent Attorney, specializing
in Biotech, Food Technology & Pharmaceuticals,
and partner of Tech Corp Legal LLP, an
International Law Firm. Read more..

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Table of Contents
Introduction …………………………....................................... 4
Patent Form Submission………............................................ 5
Patent application Forms...................................................... 6
National Phase Patent Filing in India (PCT)......................... 9
Request for Examination Request....................................... 11
Patent Firm in India..............................................................13
Contact Us ..........................................................................14

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In India, the first and foremost step to protect the invention/
innovation/ idea is to file the patent application before the
Indian Patent Office.
The patent application can filed by submitting a few patent
forms namely Form 1, Form 2, Form 3 and Form 5.
Currently, patent forms in India can be submitted online as
well as offline.
Introduction

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Case I
Patent application is commonly known as Patent
specification which has to be submitted in accordance of the
company’s location before Delhi, Kolkata, Mumbai and Chennai
only depending upon the jurisdiction.
Case II
In case National Phase applications or PCT patent
specifications, the jurisdiction of filing will be office address
of the patent attorney.
Patent Form Submission

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Form Title
1 Application for Grant of Patent
2 Provisional/Complete Specification
3 Statement and Undertaking Under Section 8
5 Declaration as to Inventorship
9 Request for Publication
18 Request for Examination of Application for
Patent
Patent Application Forms

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Patent Filing before Indian Patent Office
(IPO) by claiming Priority Date
Patent Filing before Indian Patent Office
(IPO) by claiming Priority Date
File Request for Early Publication to
Expedite Patent Publication
Determine Whether Request
for Early Publication Filed?
Determine Whether Request
for Early Publication Filed?
Within or after
the expiry of 18
months
Patent Application
Published in Official
Gazette
Within 48
months from
the priority date
Mandatory Filing for
Request for Patent
Examination (RFE)
Patent Office Publish the Patent
Specification in Official Gazette
Patent Office Publish the Patent
Specification in Official Gazette
Patent Filing in Home Country and
allocation of a Priority Date
YES

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Patent Examiner Examines Patent ApplicationPatent Examiner Examines Patent Application
Examiner Determine Novelty,
Inventive Steps and Non-
obviousness Aspect
Examiner Determine Novelty,
Inventive Steps and Non-
obviousness Aspect
First Examination Report (FER) Issued to Patent AttorneyFirst Examination Report (FER) Issued to Patent Attorney
Patent Attorney Files Response to FER IssuedPatent Attorney Files Response to FER Issued
Patent Application RejectedPatent Application Rejected
No ObjectionNo Objection
Grant PatentGrant Patent
Within 12
months
ObjectionObjection

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Required Details for Patent Filing in
India | National Phase Patent Filing
in India (PCT)
 Complete Patent Specification including patent claims (Patent
Form 1, Patent Form 2, Patent Form 3 and Patent Form 5)
 Patent Drawings (if any)
 Patent Priority Documents
 Patent Abstract
 International Search Report (ISR)
 International Preliminary Examination Report
 WIPO Patent Publication
 Power of Attorney

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Required Details for Filing of
Convention Patent Application in
India under Paris Convention Treaty
 Complete Patent Specification including patent claims
(Patent Form 1, Patent Form 2, Patent Form 3
and Patent Form 5)
 Patent Drawings (if any)
 Patent Priority Documents (If the priority patent
application is not in english then Certified copy of English
translation)
 Power of Attorney

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The Request for Examination (RFE) must be filed
within 48 months of priority date of the patent application or
the patent specification filed before the Indian Patent
Office will be treated abandoned.

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The Patent Office in India grants patent protection to
inventions which fulfills the conditions of novelty of
the invention, non-obviousness of the
invention and industrial applicability of the
invention. Our team of patent attorneys, patent agents file
patent applications on behalf of our foreign clients which include
individual inventors, SMEs, and Foreign companies.

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Our premier patent law firm in India provides Intellectual
Property Rights services including Patent filing services in
India, Trademark & Brand protection, design filing and
protection and copyright protection services to global clients
in India. Our team of patent Attorneys in India are Registered
Patent Agents authorised to file patent applications before
Indian Patent Office (IPO).

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