What are the immediate steps required to be taken once a patent has been granted?

January 04

Date: January 4, 2017
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What are the immediate steps required to be taken once a patent has been granted?

After the grant of the patent, the patentee is required to pay the renewal fee accumulated third year onwards till the date of grant of the patent. This accumulated renewal fee must be paid within three months of date of grant of the patent. Extension of six months is also available for payment of a...

January 04

Date: January 4, 2017
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- 3804

Can the applicant delete the claims at the time of national phase entry?

Yes, the applicant can delete the claims at the time of national phase entry. Prior to The Patent Rules, 2003 as amended by (Amendment)Rules, 2016, it was required that the claim fee shall be paid in accordance with the number of claims in the PCT application. Further, the deletion of claims was per...

January 04

Date: January 4, 2017
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Which claim amendments may be considered allowable by the Indian Patent Office?

Only those claim amendments which fall in either of the category stated below, are considered allowable: Correction: If the amendment is made in order to correct a mistake made during preparation of the specification and not an error of judgement. Explanation: If the amendment is made to clarify the...

January 04

Date: January 4, 2017
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- 3429

What are the permissible amendments under the Patents Act?

The amendment of the following documents and information is considered permissible under the Patents Act: Document/ information which could be amended When Comments Name, address of applicant/inventor, Anytime during the pendency of application; after grant A documentary evidence will be required to...

January 04

Date: January 4, 2017
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- 4134

Is it possible to obtain a refund of examination fee, if an applicant withdraws a patent application before examination?

Prior to The Patent Rules, 2003 as amended by (Amendment) Rules, 2016, it was not possible to obtain a refund of examination fee paid at the Indian Patent Office, irrespective of whether or not the examination has taken place. However, under the amended Rules, an applicant can claim a refund of upto...

January 04

Date: January 4, 2017
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Can the fee reduction be claimed if an application, originally filed by a natural person, is subsequently transferred to a small entity or other than small entity respectively?

No, the fee shall be paid in accordance with the entity status of the new assignee. Additionally, difference in official fee chargeable from the new assignee and that charged from the natural person must be paid for all the official fee paid at the Indian Patent Office till the date of transfer of a...

January 04

Date: January 4, 2017
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What are the documents required for claiming a small entity status?

Clear documentary evidence such as annual report, accountant certificate is required to be submitted for claiming a small entity status. This document is required to filed at the time of filing of the application or at the time of submission of any document which is accompanied by official fee....

January 04

Date: January 4, 2017
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- 3536

Can a non-Indian company be considered as a small entity?

Yes, if a non-Indian company/ organization meets afore-said criterion, the same may be considered as a small entity....

January 04

Date: January 4, 2017
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- 3748

Who is a small entity according to the Patents Act?

The Patents Act defines “Small Entity” as a company/ firm which has: an investment of less than INR 100 million (approximately USD 1.6 million) in plant and machinery when engaged in manufacture of goods; or an investment of less than INR 50 million (approximately USD 0.8 million) in equipment w...

January 04

Date: January 4, 2017
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What are the documents required for claiming fee reduction applicable for a start-up?

Any document evidencing the above stated criteria can be submitted to claim the fee reduction. Typically, such a document is: incorporation certificate CA statement, etc....

What are the immediate steps required to be taken once a patent has been granted?

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