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Who can file a patent application in India?

  • January 04
  • Date: January 4, 2017
    • 0
    • 3479

Who can file a patent application in India?

A patent application can be filed by one or more of the following: true and first inventor, assignee of the inventor, or legal representative (in case of a deceased inventor)...
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  • December 27
  • Date: December 27, 2016
    • 0
    • 3724

Can an application be withdrawn? If yes, what steps will be required to be taken to withdraw an application?

Yes, it is possible to withdraw a patent application. An application may be withdrawn by taking one or more of the following steps: by filing a request at the Indian Patent Office any time before the grant of the patent. If the applicant intends to also prevent the publication of the application, th...
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  • December 27
  • Date: December 27, 2016
    • 0
    • 3512

What steps can be taken to expedite the grant of a patent application?

Following steps can be taken to expedite the grant of an application: File a request for examination at the time of filing of application. File a request for publication of application in case the 18 months’ period from priority date has not lapsed, as an application will be taken up for examinati...
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  • December 27
  • Date: December 27, 2016
    • 0
    • 3316

Is it possible to initiate examination of a national phase application before the expiry of 31 months’ period?

Yes, an express request for examination may be filed so that the Indian Patent Office takes up the national phase application for examination without waiting for the expiry of 31 months’ period. This request must be filed within 31 months from the priority date....
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  • December 27
  • Date: December 27, 2016
    • 0
    • 3373

Can a foreign entity be considered as a start-up for filing the request for expedited examination?

The Patent Rules define “Start-up” as an entity that satisfies the following criteria: has not been registered or incorporated for more than 5 years; has a turnover for any of the financial years of not more than Rs. 25 crores (approx 4.2 million US Dollars); and is working towards innovation, d...
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  • December 27
  • Date: December 27, 2016
    • 0
    • 3573

Can the examination of an application be expedited in India?

Yes, it is possible to expedite the examination of an Indian patent application. Following two provisions are available. This provision is available to a patent applicant only if one or more of the following conditions are met: The patent applicant is a start-up, or was a start-up at the time of fil...
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  • December 27
  • Date: December 27, 2016
    • 0
    • 3503

Can the publication of an application be expedited in India?

Yes, a request for early publication can be filed at the Indian Patent Office. Request for early publication enables publication of the patent application before the 18 months’ period from the priority date. Once a request for publication is filed, the Indian Patent Office ordinarily publishes the...
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  • December 27
  • Date: December 27, 2016
    • 0
    • 3375

Can an un-published PCT application be entered in India?

Yes, it is possible to file the national phase of an unpublished application in India....
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  • December 27
  • Date: December 27, 2016
    • 0
    • 3614

Is there any extension available for filing a national phase/ convention application beyond 31 months’/ 12 months’ time limit respectively?

No extensions are available for filing a national phase application or a convention application beyond the 31 months’ and 12 months’ time period respectively....
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  • December 27
  • Date: December 27, 2016
    • 0
    • 5322

What are the various stages involved in the grant of an Indian patent?

Filing: This stage includes filing the application at the Indian Patent Office and complying with all the formal requirements. Filing a Request for Examination: A request for examination is required to be filed by the applicant so that the application is taken up for examination. The request may be ...
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