PATENT PROCEDURE

The Indian Patent Process

Provisional Application

Complete Application
Within 12 months from the date of
Provisional Application

Office action to be completed

Publication within 18 months
Within 12 months from the data
from the date of filling
Of issuance of first objection

Pre-grant opposition
First Examination Report To be filed any time before
the patent is granted

Office action to be completed

Within 12 months from the data
Of issuance of first objection

GRANT OF
REJECTION
PATENT

Patent grant opposition can

be filed within 12 months
from the grant of patent
 Examination Flow Diagram

Application Filing

Request for Examination within 48 months from

Six Months from
the filing or priority date, whichever is later
Request for
Examination or
Publication,
Whichever is
Controller refers the application to examiner within one month later
from request or publication, whichever is later

Examiner submits report within one to three months

Applicant receives the ER

Favourable Adverse

Allow and Grant Technical Objection: Forms, Substantive Objection:

Fee, Specification, and so on Patentability Requirements or
Other Requirements

Compliance with or If applicant agrees then If applicant disagrees

Without hearing modification/amendment completely/Partially, then he
of the application has to provide justifications

Hearing (Request to be made within 1 month of report)

Adverse Favourable

PATENT PATENT
REFUSED GRANTED
INDIAN PATENT LAW AND PRACTICE
Pre-Grant Representation
Post-grant Opposition