Indian Patent Process

By
Dr. Kalyan Kankanala
kalyan@brainleague.com
www.brainleague.com
BLOG: www.sinapseblog.com
Filing

 Place
 Applications
 Provisional and Complete
 Applicant
Filing Strategy
 Time of filing
 Purpose of filing
 Subject matter of application
 Provisional Vs. Complete
Application
 Foreign/PCT application
 Example
 Invention is in the field of Optical Fibers.
 Inventor’s Description of the technology and the invention

Mandrel/Core rod
Precursors Preform
 Example Contd..

 Cross-section of the preform.

2nd Layer

Hole 1st Layer

Example Contd..

1ST INVENTION: simultaneous sintering and

collapsing
Example Contd…
 2ND INVENTION: Opaque glass tube which is
used during drawing of the optical fiber preform and
which is non permeable to IR radiations and heat.
 Example Contd…
Opaque tube
Furnace
Preform

Heating element

Optical fiber
Example Contd…..
 Your advice on filing strategy

1. Your client is an independent inventor. He

is waiting for funding.

2. Your client is a billion dollar company

Priorty Date
 Filing
 Foreign priorty
 PCT priorty
 Example
April 24, 2010- Provisional specification disclosing elements A, B and C.

April 22, 2011- Complete Specification with elements A, B, C , D and E

Can the complete specification claim priority from provisional specification?

Example
April 24, 2010- Provisional disclosing elements A, B and C.

September 24, 2010- Provisional Specification disclosing elements D and E

April 22, 2011- Complete Specification with elements A, B, C , D and E

Can the complete specification claim priority from provisional specification?

Example
April 24, 2010- Provisional specification filed in the United States

September 24, 2010- Provisional Specification filed in Canada

Can a complete specification be filed in India claiming priority from any of

the provisional specifications?
Example
 September 22, 2008- Provisional specification
filed in India
 September 22, 2009- PCT application filed in
India.
 Today the client comes to your for filing a
National Stage application in India.
Publication

 Notice to public
 Date of publication
 Rights start
Examination
 Request for Examination
 First Examination Report
 Response to FERs
 Hearing
Example
 First Examination Report: Prior Art
Rejection
 Example
 Claim 1

 An apparatus for drawing an optical fiber, said apparatus

comprising:
 a furnace …. for heating a preform;

 a suspension means for suspending said preform and ,a

handle adapted to secure a top end of thepreform…..,


 wherein
 said top end of the preform is provided with a tubular
member;

 said tubular member covers the top end of said perform

and at least a portion of said handle and extends towards a
suspension means along the handle.
Example
 Examiner’s 1st rejection (First Examination Report)

Feed Rod
 Example
 Amendment in Response to the Examiner’s rejection

 An apparatus for drawing an optical fiber, said apparatus comprising:

a furnace …. for heating a preform;

a suspension means for suspending said preform and ,a handle adapted to secure a
top end of the preform…..,

wherein
said top end of the preform is provided with a tubular member; and

said tubular member covers the top end of said perform and at least a portion of
said handle and extends towards a suspension means along the handle; and
said tubular member is opaque and is non-permeable to infrared radiations.
Example Contd….. (Examiner’s Second
Rejection)
Example Contd…
 Interview with the Examiner to
convince him on the patentability
of the claim.
Grant
 Ready for grant
 Fee
 Grant
 Publish
Opposition
 Pregrant
 Post grant
 Grounds
Conclusion
 Scope of the invention
 Prosecution History
 Litigation
  Thank You.

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