Patent Filing In India
Utility Patent, Design Patent, And Trademark Applications (Pre-Grant/Post-Grant Opposition Are Filed And Renewal Fees Are Paid)
Patent drafting
Patent drafting in India, the US, and globally involves clear, precise descriptions and comprehensive claims.
Patent Filing
- Utility Patent Application:
- Filing: file a Provisional Application to secure a filing date or a Complete Application to initiate the process. The application should include a detailed description, claims, and drawings.
- Pre-Grant Opposition: Third parties can oppose the grant of a patent before it is granted. This is a process where objections can be raised on grounds such as lack of novelty or non-obviousness.
- Examination: A request for examination must be filed within 31 months of the application date.
- Post-Grant Opposition: After a patent is granted, third parties can challenge its validity within 1 year from the date of grant.
- Renewal Fee: After the patent is granted, annual renewal fees must be paid to maintain the patent, starting from the 3rd year onward.
- Design Patent Application:
- Filing: File an application with representations or drawings of the design, ensuring it meets the criteria of novelty and originality.
- Examination: The design application is examined for compliance with the Design Act, focusing on the design's uniqueness.
- Pre-Grant/Post-Grant Opposition:
- Pre-Grant: Third parties can raise objections against the registration of the design before its registration.
- Post-Grant: Once registered, post-grant opposition can be filed within 1 year if the design is considered not to meet the legal requirements.
- Renewal Fee: The design is protected for 10 years from the registration date, and it can be renewed for an additional 5 years. Renewal fees are payable every 5 years.
- Trademark Application:
- Filing: Submit a trademark application with the logo, name, or symbol, along with the goods/services it represents.
- Examination: The trademark is examined by the Trademark Office for conflicts with existing trademarks and compliance with the Trademark Act.
- Pre-Grant Opposition: Anyone can oppose a trademark registration before it is granted. Objections may include similarity to an existing trademark or lack of distinctiveness.
- Post-Grant Opposition: Post-registration opposition can be filed by any interested party within 5 years of the registration date.
- Renewal Fee: The trademark is valid for 10 years, and you can renew it indefinitely by paying renewal fees every 10 years.