A Guide to Managing Your Patent Application Deadlines in India

A Guide to Managing Your Patent Application Deadlines in India

Navigating the patent process in India can be a bit of a maze, Let’s walk through each stage together, so you know exactly what to do and when to do it.

Stage 1: Filing Your Application

Day 0: Filing Date

  • This is where it all begins. You can either file a provisional application or go straight for the complete one.
  • For provisional applications, you’ll need Forms 1, 2 (Provisional Specification), 5, and 26 (if you have a patent agent).

Stage 2: Completing Your Application

12 Months: Complete Specification

  • If you started with a provisional application, you have 12 months to file your complete specification. This is crucial because it locks in your initial filing date.

12 Months: International Patent Application

Stage 3: Publication of Your Application

1 Month: Early Publication

  • Want your application to be published early? File Form 9, and it’ll be out there within 1 month after you submit your complete application.

18 Months: Standard Publication

  • If you don’t opt for early publication, your application will be published automatically 18 months from your filing or priority date.

Stage 4: Examination Request

31 Months: Request for Examination (RFE)

  • You need to request an examination of your application using Form 18 or Form 18A (for expedited examination) within 31 months from your priority or filing date.

Stage 5: First Examination Report (FER)

1-3 Years: FER Issuance (Normal Route)

  • Normally, it takes about 1-3 years after you file your RFE to get the First Examination Report (FER).

2-4 Months: FER Issuance (Expedited Route)

  • If you opted for expedited examination, you could get the FER in about 2-4 months.

Stage 6: Responding to the FER

6 Months: Respond to FER

  • Once you receive the FER, you have 6 months to respond. Need more time? You can extend this by 3 months using Form 4.
  • Sometimes, a hearing is scheduled to discuss your response. You’ll usually get a date 2-4 weeks in advance. After the hearing, you’ll need to submit a written response within 15 days.

Stage 7: Patent Grant

Patent Grant

  • Congratulations! If you clear all objections, your patent will be granted. It’ll be published in the Patent Journal, and you’ll receive your patent certificate.

Stage 8: Annual Renewal

Annual Renewal

  • Starting from the 3rd year after your filing date, you’ll need to pay renewal fees every year to keep your patent active.
  • Forgot to pay on time? No worries—there’s a 6-month grace period, but you’ll need to pay a late fee.

StageActionDeadlineDetails
Filing DateProvisional or Complete Application FiledDay 0Initial filing date marking the start of the patent process. Forms required: Form 1, Form 2, Form 5, Form 26 (if applicable).
Complete SpecificationFile Complete Specification after Provisional12 months from Provisional Application filing dateDeadline to convert provisional application to complete specification.
International ApplicationFile International Patent Application (PCT/Convention)12 months from first filing date (provisional/complete)Deadline to file for international patent protection via PCT or convention route.
Early PublicationRequest for Early Publication1 month from filing complete application (if Form 9 is filed)Form 9 can be filed for early publication, and the application is published within 1 month of filing the complete application.
PublicationApplication Published18 months from filing date or priority dateApplication is published 18 months from the filing date or priority date, whichever is earlier, unless early publication (Form 9) is requested.
Request for Examination (RFE)File Request for Examination (Form 18/18A)31 months from priority date or filing dateDeadline to request examination of the application. Form 18 for normal examination and Form 18A for expedited examination.
First Examination Report (FER)Issuance of FER1-3 years (Normal Route) or 2-4 months (Expedited Route)Typical timeframe for issuance of FER after filing RFE. Normal route takes 1-3 years, while expedited route (Form 18A) takes 2-4 months.
Response to FERRespond to FER6 months from FER issuance (extendable by 3 months)Deadline to respond to FER. Response period can be extended by 3 months using Form 4.
Hearing (if needed)Attend Hearing and Submit Written Submission2-4 weeks for hearing; 15 days for written submissionA hearing may be scheduled if needed, typically 2-4 weeks after request. A written submission must be provided within 15 days of the hearing date.
Patent GrantPatent GrantedUpon successful resolution of FER objectionsPatent is granted upon resolving all FER objections and addressing issues raised during the hearing (if any). The grant is published in the Patent Journal, and a certificate is issued.
Annual RenewalPay Renewal FeesAnnually from the 3rd year from filing dateAnnual renewal fees must be paid starting from the 3rd year from the filing date. A 6-month grace period is provided for late payment with additional fees.

This table provides a concise and easy-to-follow overview of the key actions, deadlines, and instructions for patent applicants at each stage of the patent life cycle in India.

Prasad Karhad
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