Patenting Flowchart

Precautions to be taken by
applicants
1. Before Grant of Patent
 Do not publish the invention before applying for a

Patent protection.

 Before start working on a problem,consult the Patent

Literature

 Go through the Patent Search Files

 Decide the question of securing foreign
patents

 Prosecute your patent application within

the time limits

 Look upon the objections raised by the

patent office as constructive criticism.

2. After the Grant of Patent.
When you become a Patentee
 Do not fail to pay the Renewal Fee in time.
 Try to work on the Patent, exploiting the
invention commercially or else ,grant licence to a
person, who has well equipped infrastructure to
manufacture the patented product.
 Keep yourself in touch with the industrial
progress by referring to the Patent Office
Gazette and other publications.
Patent Co-operation
Treaty
INTERNATIONAL
&
NATIONAL PHASE
Traditional Patent System

 Requires filing of

individual patent applications for

each country
 Objective of PCT
Patent Cooperation Treaty
• To simplify and to render more effective
and more economical the previously
established means of applying for Patent
at a time in several countries for patent
protection
 PCT
 An arrangement under Trade Related aspects of
Intellectual Property System (TRIPS)
 For rationalization and co-operation with regard to
filling, searching and examination of applications
 Does not provide for the grant of International
Patents
 Special agreement under the Paris convention and
is open only to states which are party to Paris
convention
 Salient features of PCT
• One single application in one language is filed in
a single patent office and it has the effect of filing
on the same day in each of the countries
• One formal examination is done by the office of
filing
• The application is subject to an international
search
• Centralised international publication of
international applications with related search
reports.
• Option for preliminary examination
Benefits of PCT to the applicants
One single application for all countries

Gets priority for the same invention

He defers attorney fees and payment of the fees

till he gets the reports

Gets time to enquire about the market value of

the invention & look out for collaboration .