The Indian Patent Office is divided into four jurisdictions by geographical area, namely, New Delhi Patent Office, Mumbai Patent Office, Chennai Patent Office and Kolkata Patent Office, among which Kolkata Patent Office is the General Administration. Each patent office is responsible for the management of patent affairs within its jurisdiction, and has the right to grant patents, and the examination standards are consistent.
When filing an application, a foreign applicant shall file an application with the Patent Office of India according to the jurisdiction of its agent.
India's design management is only the responsibility of the Design Bureau located at the headquarters of the Kolkata Patent Office, but all three patent offices in New Delhi, Chennai and Mumbai can accept applications.
1, India protects inventions and designs.
2. The invention corresponds to the Patent Law, 1970 was promulgated and 1972 came into effect. There is a special law on design, the Design Law, which was promulgated in 2000 and came into effect on 200 1.
3. The protection period of the invention is 20 years, counting from the date of application. The protection period of a design is 10 year, which can be extended for 5 years from the date of registration.
1. Submit the formal application within 12 months after the provisional application.
? 2. The application text shall be made public within 18 months from the priority date, and may be made public in advance upon request, and shall be made public within 1 month after the request is submitted. There is an objection period of 6 months after publicity, and reply within 3 months after receiving other people's objections.
? 3. The priority date is within 48 months from the date of actually hearing the request; Make the first review report within 6 months from the date of actual test request or the date of publication (whichever is later); You can also request an accelerated audit; Within 12 months after the first examination report is made, it is necessary to submit a reply and/or modify the patent application documents.
4. Qualified authorization. There is an objection period of 12 months after authorization.
5. It takes about 3-5 years from application to authorization.
note:
1, PCT enters the national phase: 30/3 1 month.
2. Withdrawal: It can be carried out at least 3 months before the date of publication of the patent application, or it can be withdrawn at any time after the publication of the patent application and before the patent authorization. A patent application withdrawn before the date of publication of the patent application may be resubmitted on the premise that the patent application has not been published.
1. Official charge currency: Indian Rupee.
2. Applicant type and fee reduction ratio:
Type: natural person, small entity, other entity
Payment ratio of official expenses: 1:2.5:5.
note:
1, in which small entities are required to submit the original notarized annual balance sheet of the enterprise and its English translation;
2. Definition of small entity: the manufacturing capital does not exceed 65.438+0 billion rupees, and the service industry does not exceed 50 million rupees;
3. For multiple applicants, the entity with the highest payment level shall prevail;
4. The change of entity status shall be notified to the Indian Patent Office, otherwise it may be regarded as not being filed and the authorized case may be withdrawn.
1, materials need to be prepared.
-Request
-Application documents: specification, claims, abstract and drawings.
-Statement (affidavit)
-Power of attorney
-PCT application publication PCT
-English translation of priority documents and translation statements
2. Language of application: Hindi and English.
The first annual fee is the annual fee for the third year from the date of patent application and must be paid before the end of the second year after the date of patent authorization. If the patent application is not authorized within two years, the annual fee shall be accumulated and paid in time after the patent is authorized, or within three months after the patent registration, or within nine months after the extension fee is paid. If the annual fee is not paid within the prescribed time limit, the patent right shall be suspended. However, after the termination of the patent right, an application for the restoration of the patent right can be filed within 18 months from the date of termination of the right.
The above is a simple arrangement of Indian patents. For more details, please visit the official website of Indian Patent Office: http://www.ipindia.nic.in/index.htm.