FrequentlyAskedQuestions
2020
FREQUENTLY ASKED QUESTIONS- PATENTS
Disclaimer:-The replies given to the probable questions are for the
purpose of guiding public and cannot be quoted in any legal
proceedings. They will have no legal purpose. The users are advised
to refer to the provisions of the Patents Act 1970 as amended and the
Patents Rules 2003 as amended including the latest fee schedules,
available at www.ipindia.gov.in
2024
GENERAL INFORMATION:
1. What is a Patent?
A Patent is a statutory right for an invention granted for a limited period of time to the
patentee by the Government, in exchange of full disclosure of his invention for excluding
others, from making, using, selling, importing the patented product or process for producing
that product for those purposes without his consent.
2. What is the term of a patent in the Indian system?
The term of every patent granted is 20 years from the date of filing of application. However,
for application filed under national phase under Patent Cooperation Treaty (PCT), the
term of patent will be 20 years from the international filing date accorded under PCT.
3. Which Act governs the patent system in India?
The patent system in India is governed by the Patents Act, 1970 (No.39 of 1970) as amended
by the Patents (Amendment) Act, 2005 and the Patents Rules, 2003. The Patent Rules are
regularly amended in consonance with the changing environment, most recent being in
2024.
4. Does Indian Patent give protection worldwide?
No. Patent protection is a territorial right and therefore it is effective only within the
territory of India. There is no concept of global/world patent.
However, filing an application in India enables the applicant to file a corresponding
application for same invention in convention countries or under PCT, within or before expiry
of twelve months from the filing date in India. Patents should be obtained in each country
where the applicant requires protection of his invention.
5. What can be patented?
An invention relating either to a product or process that is new, involving an inventive step
and capable of industrial application can be patented. However, it must not fall into the
categories of inventions that are non- patentable under sections 3 and 4 of the Act.
6. What are the criteria of patentability?
An invention is patentable subject matter if it meets the following criteria –
i) It should be novel.
ii) It should have inventive step.
iii) It should be capable of Industrial application.
iv) It should not attract the provisions of section 3 and 4 of the Patents Act 1970.
7. What types of inventions are not patentable in India?
An invention may satisfy the condition of novelty, inventiveness and industrial
applicability but it may not qualify for a patent under the following situations:
1) an invention which is frivolous or which claims anything obviously contrary to well
established natural laws;
2) an invention the primary or intended use or commercial exploitation of which could
be contrary to public order or morality or which causes serious prejudice to human ,
animal or plant life or health or to the environment;
3) the mere discovery of scientific principle or the formulation of an abstract theory or
discovery of any living thing or non-living substance occurring in nature;
4) the mere discovery of a new form of a known substance which does not
result in enhancement of the known efficacy of that substance or the mere
discovery of any new property or new use for a known substance or of the mere use
of a known process, machine or apparatus unless such known process results in a
new product or employs at least one new reactant;
Explanation: For the purposes of this clause, salts, esters, ethers, polymorphs,
metabolites, pure form, particle size, isomers, mixtures of isomers, complexes,
combinations and other derivatives of known substance shall be considered to be the
same substance, unless they differ significantly in properties with regards to efficacy;
5) a substance obtained by mere admixture resulting only in the aggregation of the
properties of the components thereof or a process for producing such substance;
6) the mere arrangement or re-arrangement or duplication of known devices each
functioning independently of one another in a known way;
7) a method of agriculture or horticulture;
8) any process for medicinal, surgical, curative, prophylactic (diagnostic, therapeutic) or
other treatment of human beings or any process for a similar treatment of animals to
render them free of disease or to increase their economic value or that of their
products;
9) plants and animals in whole or any part thereof other than microorganisms but
including seeds, varieties and species and essentially biological processes for
production or propagation of plants and animals;
10) a mathematical or business method or a computer program per se or algorithms;
11) a literary, dramatic, musical or artistic work or any other aesthetic creation
whatsoever including cinematographic works and television productions;
12) a mere scheme or rule or method of performing mental act or method of playing game;
13) a presentation of information;
14) topography of integrated circuits;
15) an invention which, in effect, is traditional knowledge or which is an
aggregation or duplication of known properties of traditionally known component or
components;
16) inventions relating to atomic energy;
8. When should an application for a patent be filed?
An application for a patent can be filed at the earliest possible date and should not be
delayed. An application filed with provisional specification, disclosing the essence of the
nature of the invention helps to register the priority of the invention. Delay in filing an
application may entail some risks such as (i) some other inventor may file a patent
application on the said invention and (ii) there may be either an inadvertent publication of
the invention by the inventor himself/herself or by others independently of him/her.
9. Can any invention be patented after publication or display in the public exhibition?
Generally, an invention which has been either published or publicly displayed cannot be
patented as such publication or public display leads to lack of novelty. However, under
certain circumstances, the Patents Act provides a grace period of 12 months for filing of
patent application from the date of its publication in a journal or its public display in an
exhibition organised by the Government or disclosure before any learned society or
published by applicant. The detailed conditions are provided under Chapter VI of the Act
(Section 29-34).
10. Does the Patent Office keep information of the invention secret?
Yes. All the patent applications are kept secret upto publication of the application in the
Official Journal of the Patent Office, which is published every week and also available on the
IPO website. After its publication, public can inspect the documents and also may take the
photocopy thereof on payment of the fee as prescribed.
11. Is it necessary to visit the Indian Patent Office to transact any business relating to
patent application?
It is not necessary to visit the patent office to file the application as online filing facility is
provided. Only in case the application is required to be filed offline, the same can be filed
physically at the counter of the Office or can be sent by post to the Patent Office. Moreover,
all the communications by the office are made through emails.
12. Where can one find the information relating to published/ granted patent application?
The information relating to the patent application is published in the Patent office Journal
issued on every Friday. This is also available in electronic form on the website of the
Patent Office, www.ipindia.gov.in
13. What are the contents of the Patent office Journal?
The Patent office Journal contains information relating to patent applications which are
published u/s 11A, post grant publication, restoration of patent, notifications, list of non-
working patents and public notices issued by the Patent Office.
14. Can one subscribe a copy of the Patent office Journal?
There is no need to subscribe the Patent Office journal as same is published online and is
available free of cost on patent office site i.e. www.ipindia.gov.in
FILING RELATED INFORMATION:
15. Who can apply for a patent?
A patent application can be filed either by true and first inventor or his assignee, either alone
or jointly with any other person. However, legal representative of any deceased person can
also make an application for patent.
16. How can I apply for a patent?
A patent application can be filed with Indian Patent Office either with provisional
specification or with complete specification along with fee as prescribed in schedule I. In
case the application is filed with provisional specification, then one has to file complete
specification within 12 months from the date of filing of the provisional specification. There is
no further extension of time to file complete specification after expiry of said period.
17. Is there provision for filing patent application electronically by online system?
Yes, one can file patent applications through comprehensive online filing system at
https://ipronline.ipindia.gov.in/epatentfiling/goForLogin/doLogin. More information for filing
online application is available on the website of Patent Office i.e. www.ipindia.gov.in.
18. How can one register for online filing of patent application?
To register for filing of patent application, the applicant can use DSC or E-sign as per their
conveniences. If user wants to use DSC then the user is required to obtain the Class II/III
digital signature without Encryption from the authorized vendors and the list of vendors is
given in below table. User can visit the E-filing website where the whole information is
available. These are the website links for the information about
a) Regarding information for use of DSC is available Digital
Signature(https://ipronline.ipindia.gov.in/epatentfiling/Extras/Digital_Signatures_Inform
ation.aspx )
b) General FAQs(https://ipronline.ipindia.gov.in/epatentfiling/faqs/index.html )
c) Component (User can download the component by clicking on component)
d) Digital signature manual
(https://ipronline.ipindia.gov.in/epatentfiling/UsefullDownloads/DSCManual.pdf )
If user wants to use E-signature then the complete information is available under different
tabs. The user will have to procure the E-sign from the authorized vendor using Aadhar
number or PAN number. These are the website links for the information about
a) E-sign Introduction - https://ipronline.ipindia.gov.in/epatentfiling/Extras/FAQESign.aspx
b) Registration and installation details -
https://ipronline.ipindia.gov.in/epatentfiling/Extras/RegistrationSteps.aspx
c) Web URL to procure E-sign for individual or Organization - https://app.e-
mudhra.com/createNewUser.jsp?src=c44ead5fdecd48ecac24f
After obtaining the digital signature or the E-sign, the user can register herself/himself on the
Patent Office website by creating user ID and password. User can login using user id and
password. After logging into the e-filing account user can select any form fill all the details save
the draft, then upload the all the relevant documents then go for E-signing through DSC or E-sign
as the case may be. After digitally signing all the documents will be reflected under the
“payment“ Tab. User can click on payment tab and select the particular form to make payment.
After making payment an acknowledgement receipt would be generated for the successful filing
of the form or document. All the previously drafted forms are available under tab “Form History”
and then under the “Drafted forms” Tab and if user discarded some forms that are available
under the “Discarded Forms”. User can find all the previously drafted forms using the particular
date range. User can update the mobile number and email through e-filing module under the
Tab “User Panel”.
19. How to obtain digital signature?
The digital signatures can be obtained from the certifying authorities empaneled by
Controller of Certifying Authorities of India and who are integrated with the e-filing system of
Patent Office. List of such CAs is available on the website of Controller General of Patents,
Designs & Trade Marks (www.ipindia.gov.in) and include:
Vendor
URL:
Vendor’s list along with
their URL
https://ipronline.ipindia.gov.inepatentfiling/faqs/index.html
https://app.e-
mudhra.com/createNewUser.jsp?src=c44ead5fdecd48ecac24f
20. In which language can an application for patent be filed with the Indian Patent
Office?
An application for patent can be filed either in Hindi or English.
21. Is there any jurisdiction for filing patent application in India?
Yes, India has four patent offices located at Chennai, Kolkata, Mumbai and New Delhi. Each
office has a separate territorial jurisdiction. The appropriate office for all proceedings
including filing of the application depends normally where the applicant/first mentioned
applicant resides/has domicile/has place of business/has origin of invention. In case of
foreign applicants, it depends on the address for service in India given by such applicant.
22. When can an applicant withdraw patent application in India?
An applicant can withdraw the application any time before the grant of patent by making
a request. There is no fee for withdrawing the application. The applicant has to file form
29 for withdrawal of application.
If a request for the withdrawal of the application is filed within 15 months of the date of
filing or date of priority, whichever is earlier, the application will not be published and be
treated as withdrawn.
If an application is withdrawn before the issuance of the First Examination Report a
refund of up to 90% of examination fees can be claimed.
23. What are the types of applications?
The types of applications that can be filed are:
A) ORDINARY APPLICATION
An application for patent filed in the Patent Office without claiming any priority either in a
convention country or without any reference to any other earlier application under process
in the office. Such type of application is known an ordinary application.
Ordinary application can be filed by way of filing
(i) Provisional specification: Indian Patent Law follows first to file system. A provisional
specification can be filed if the invention is still under experimentation stage. Filing a
provisional specification provides the advantage to the inventor since it helps in
establishing a priority date of the invention. Further, the inventor gets 12 months’ time
to fully develop the invention and ascertain its market potential and to file the complete
specification.
(ii) Complete specification: An applicant may directly file the complete specification if the
invention is fully developed.
B) CONVENTION APPLICATION
An application for patent filed in the Patent Office, claiming a priority date based on the
same or substantially similar application filed in one or more of the convention countries is
known as a convention application. In order to get convention status, an applicant should file
the application in the Indian Patent Office within 12 months from the date of first filing of a
similar application in the convention country.
C) PCT INTERNATIONAL APPLICATION
An Application filed in India as Receiving Office (RO) under Patent Cooperation Treaty
is an international application which can be considered as deemed filed in more than 150
countries (member of PCT) by a single application.
D) PCT NATIONAL PHASE APPLICATION
When an international application is made according to PCT designating India, an applicant
can file the national phase application in India within 31 months from the international filing
date or the priority date, whichever is earlier.
E) PATENT OF ADDITION
where an application is made for a patent in respect of any improvement in or modification
of an invention described or disclosed in the complete specification filed therefor for which
he has already applied for or has obtained patent, the applicant can go for patent of
addition if the improvement or modification in the invention is new. One of the benefits of
filing patent of addition is that there no need to pay separate renewal fee for the patent
of addition during the term of the main patent and it expires along with the main patent.
F) DIVISIONAL APPLICATION
When an application claims more than one invention, the applicant on his own or to
meet the official objection on the ground of plurality or distinct invention may divide the
application and file a further application, as the case may be for each of the inventions. This
type of application, divided out of the parent one, is known as a Divisional Application. The
priority date for all the divisional applications will be same as that of the main (the Parent)
Application (Ante-dating).
24. Is it necessary to file a provisional specification?
Generally, when an invention is not complete, an application can be filed with provisional
specification. This is useful in establishing a priority date for your invention. Moreover, it
also gives sufficient time to the applicant to assess and evaluate the market potential of his
invention before filing complete specification. However, it is not necessary to file an
application with provisional specification and one can file application directly with complete
specification.
25. When is an application for patent published?
Every application for patent is published after expiry of 18 months from the date of its filing
or priority date whichever is earlier. However, following applications are not published.
A) Application in which secrecy direction is imposed
B) Application which has been abandoned u/s 9(1) and i.e when a provisional application has
been filed and the complete application has not been filed within 12 months from the filing
of the provisional specification
C) Application which has been withdrawn 3 months prior to 18 months
26. Is there any provision in the Patents Act for early publication?
Yes, the applicant can make a request for early publication in Form 9 along with the
prescribed fee. After receiving such request the Patent Office ordinarily publishes such
application within a period of one month provided that secrecy direction is not imposed on
the said application.
27. What are the facilities available for an applicant to pay the fees?
The applicant can pay the fee either at cash counter by cash,banker’s cheque or by Demand
draft or UPI or pay online through a comprehensive payment gate way which includes net
banking, payment by Debit/Credit card/UPI.
User can use only the integrated comprehensive payment gateway (BharatKosh) of Non-Tax
Receipt Portal (NTRP) of Govt. of India for Payment of Fees on portal. The gateway provides
payment options of internet banking of multiple banks, UPI and Credit/debit cards payment
options.
Note: The payment gateway is not available between 23:00 HOURS and 00:30 HOURS in the
e-filing module due to bank reconciliation process.
28. What are the forms required to be filled for filing a patent application in India?
Generally, in order to file an application, an applicant is required to file Form 1 which is a
request for filing an application and Form 2 which is either a provisional or complete
specification with drawings, if any. In addition to these, an abstract of the invention is also
required. If the application is filed through a registered patent agent, a power of authority in
favour of the said agent in Form 26 is also required. The application can be examined only
after receipt of request for examination on Form 18/18A. The complete list of forms is
available on the website www.ipindia.gov.in
29. What time lines are to be adhered to while prosecuting a patent application in
India? Following are some of the important time lines during the prosecution of a
patent application.
30. Is patent application once filed examined automatically?
A patent application is not examined automatically after its filing. The examination is done
only after receipt of the request of examination in Form 18 either from the applicant or from
third party or Form 18A for expedited examination (under conditions as prescribed in the
Rule 24C of the Patents Rules 2003 as amended.)
31. When can the request for examination be filed?
The request for examination can be filed within a period of 31 months from the date of
priority or date of filing of the application whichever is earlier. For more details kindly refer
to rule 24B and 24C of the Patents Rules 2003 as amended.
32. Is there any provision for expedited examination?
Yes, as per Rule 24C of the Patent Rules as amended in 2016, a request for expedited
examination can be filed with the prescribed fees in Form 18A along with the fee as
specified in the first schedule only by electronic transmission duly authenticated within the
period prescribed in rule 24B on any of the following grounds, namely:
a) that India has been indicated as the competent International Searching Authority or
elected as an International Preliminary Examining Authority in the corresponding
international application.
b) that the applicant is a startup
c) that the applicant is a small entity
d) that the applicant is a natural person or in the case of joint applicants, all the
applicants are natural persons, then applicant or at least one of the applicants is
female
e) that the applicant is a department of the Government
f) that the applicant is an institute established by a Central, Provincial or State Act,
which is owned or controlled by the Government
g) that the applicant is a Government company as defined in clause (45) of section 2
of the Companies Act, 2013 (18 of 2013)
h) that the applicant is an institution wholly or substantially financed by the Government
i) that the application pertains to a sector which has been notified by the Central
Government, on the basis of a request from the head of department of the Central
Government
j) that the applicant is eligible under an arrangement for processing a patent
application pursuant to an agreement between Indian Patent Office and a foreign
Patent Office
33. What happens to a patent application once it is examined?
After examination, the Patent office issues an examination report to the applicant which is
generally known as First Examination Report (FER). Thereafter the applicant is required to
comply with the requirements within a period of 6 months from the date of FER which can be
extended by 3 months which can be further extednded upto 6 months by filing form-4 with
prescribed fees under rule 138 as amended by the patents amendment rules, 2024. In case,
the application is found to be in order for grant, the patent is granted, provided there no
pre-grant opposition is filed or pending. A letter patent is issued to the applicant. However, in
case a pre-grant opposition is pending, the further action is taken after disposition of the pre-
grant opposition.
34. What happens when applicant is not able to meet the requirement within the
prescribed time?
If the applicant does not file a reply within 6 months or does not take an extension of 3
months rule 24(6) (plus up to 6 months by filing form-4 with prescribed fees under rule
138), the application is deemed to have been abandoned.
35. Is there provision for extension beyond time limit of 9 months?
Yes, It can be further extednded upto 6 months by filing form-4 with prescribed fees under
rule 138 as amended by the patents amendment rules, 2024
36. Does an applicant get an opportunity of being heard before his application is refused?
If applicant has not complied with the requirements within the prescribed time, the
Controller shall provide an opportunity of being heard to the applicant before refusing his
application if a request for such hearing has been made by the applicant at least 10 days in
advance before expiry of the statutory period.
37. What is time limit for filing the representation for pre-grant opposition?
A representation for pre-grant opposition under section 25(1) of Patents Act, 1970 can be
filed, on Form 7A at any time before the grant of patent.
38. Is there any fee for filing such representation for pre-grant opposition?
This can be filed by any person. There is fees for the Pre-grant opposition as mentioned in First
Schedule of Patent Rules, 2003 (as amended by patent amendment rules, 2024).
39. What are the grounds for filing representation for pre-grant opposition?
The grounds for filing pre-grant opposition are contained in section 25(1) of the Patents Act
1970.
40. Is it possible to file pre-grant opposition even though there is no request for examination
filed?
Yes, it is possible to file representation for pre-grant opposition even though there is no
request for examination has been filed. However, the representation will be considered only
when a request for examination is received within the prescribed period.
41. What is the time limit for filing post-grant opposition in the patent office?
The time for filing post-grant opposition is 12 months from the date of publication of the
grant of patent in the official journal of the patent office.
42. Is there any fee for filing post-grant opposition?
Yes, the post grant opposition has to be filed in the prescribed Form 7 along with prescribed
fees as mentioned in First Schedule in Patents Rules 2003. The post grant opposition has to
be filed by the person interested and not by any other person.
43. What are the grounds for filing the post grant opposition?
The grounds for filing post-grant opposition are contained in section 25(2) of the Patents Act
1970.
LIFE CYCLE OF A PATENT APPLICATION
Filing of
Patent
Application
With Complete
Specification
Publication u/s 11A
(Early publication or
post 18 months)
With Provisional
Specification
Filing Complete
specification within 12
months after
provisional
YES
FER Issued
Pre-grant Opposition u/s
25(1) can be filed in Form
7A with prescribed fees
Request for Examination on Form-
18/Request for Expedited Examination
on Form 18A (Within 31 months from
date of priority, extendable by 6
months by filing form-4 with
prescribed fees under rule 138)
EXAMINATION (for
Patentability &
other requirements
under the Act)
IF NOT
Application
deemed to be
abandoned
EXPEDITED EXAMINATION for
Various applicants as per Rule 24C
Application is to be put in order by the
applicant within 6 months [extendable
by 3 months rule 24(6) plus up to 6
months by filing form-4 with prescribed
fees under rule 138] from issuance of
FER.
Re-examination of amended documents
Controller offers hearing to the applicant,
if objections are outstanding.
Objections met
within 6/9/15
months
No reply within
6/9/15 months
Application deemed
to be ABANDONED
Grant of Patent u/s
43 and publication
of grant
Objections not met
within 6/9/15
months
Refusal of Patent u/s
15
Patent Flow Chart
OTHER INFORMATION:
44. What are the e-filing facilities available at
https://ipronline.ipindia.gov.in/epatentfiling/goForLogin/doL
ogin ?
The following are the e-filing facilities available for an
applicant:
• Comprehensive e-filing facility for Patents and Designs,
• Comprehensive payment gate way including net banking, payment by Debit/Credit
card/UPI
• Web based Simple Registration process and filing procedure
• Real time Validations with IPO Patent database
• Manage User Profile and Folders
• 10% fee reduction on online filing compared to offline filing to promote online filing.
• Request for expedited examination, sequence listing, pre grant Opposition, Post grant
Opposition, Transmittal fee for international application (for ePCT filing), and
Preparation of certified copy of priority document and e-transmission through WIPO
DAS- only through e-filing
45. Does patent office help in finding users for patent?
The Patent Office has no role beyond grant of patent. Since patents are private rights the
patent owner is responsible for commercializing the patent either himself or through
licensee. However, the information relating to grant of patent is published in the Patent
Office journal and also published on the Patent Office website which is accessible to the
public worldwide. This may help the applicant to attract potential user or licensee. The
patent office also compiles and updates a list of patents which are lapsed / ceased in India.
46. Is Indian patent database searchable? How can one find out whether an invention is
already patented?
The person concerned can perform a search free of cost on Indian Patent database consisting
of published patent applications and granted patents. The said database is available on
Patent Office website as inPASS https://iprsearch.ipindia.gov.in/publicsearch. Further, the
website (www.ipindia.gov.in) contains innovative tools under DYNAMIC UTILITIES which
gives information about the patent applications at various stages of processing.
47. Is there any difference in the amount of fees to be paid by an individual or a legal entity
for filing a patent application?
Yes, the Patent Rules provides for different fee for individuals/Startups, SME‘s and legal
entity. Details can be seen in the First Schedule of the Patents Rules, 2003 as amended from
time to time.
48. What are obligations of the patentee after the grant of patent?
After the grant of patent, every patentee has to maintain the patent by paying renewal fee
every year as prescribed in the First Schedule. For first two years, there is no renewal fee.
The renewal fee is payable from 3rd year onwards. In case the renewal fee is not paid the
patent will be ceased.
49. Can the patentee pay renewal fee at a time or has to pay every year?
The patentee has choice to pay the renewal fees every year or he can pay in lump sum as well.
The annual renewal fees payable in respect of two or more years may be paid in advance:
Provided that where the renewal fees is paid in advance through electronic mode for a period of
at least 4 years, a ten per cent reduction in fee shall be applicable for such renewal.
50. When can a patent be restored after its cessation?
A request for restoration of patent can be filed within 18 months from the date of cessation
of patent along with the prescribed fee. After receipt of the request the matter is notified in
the official journal for further processing of the request.
51. What is meant by patent agent and what are the eligibility criteria of becoming a patent
agent?
A Patent agent is a person registered with Indian Patent Office whose name is entered in the
patent agent register after being declared qualified in the patent agent examination
conducted by the patent office and who is entitled—
(a) to practice before the Controller; and
(b) to prepare all documents, transact all business and discharge such other functions as may
be prescribed in connection with any proceeding before the Controller under this Act.
52. Eligibility conditions for registration as patent agents are below.-
A person shall be qualified to have his name entered in the register of patent agents if he
fulfills the following conditions, namely—
(a) he is a citizen of India;
(b) he has completed the age of 21 years;
(c) he has obtained a degree in science, engineering or technology from any university
established under law for the time being in force in the territory of India or possesses such
other equivalent qualifications as the Central Government may specify in this behalf,
and, in addition,—
i) has passed the qualifying examination prescribed for the purpose; or
ii) has, for a total period of not less than ten years, functioned either as an examiner or
discharged the functions of the Controller under section 73 or both, but ceased to hold any
such capacity.
53. Is it necessary to engage a registered patent agent for filing an application for patent?
It is not necessary under the patent law to engage a registered patent agent for filing an
application for patent. The applicant is free to file an application by himself or through the
patent agent. However, an applicant who is not a resident of India is required to file either
through the registered patent agent or must give an address for service in India
54. Does the Patent Office help to select a patent attorney or agent to make patent search or
to prepare and prosecute patent application?
No, Patent Office does not make any recommendations regarding selection of a patent
agent. However, a list of patent agents is maintained by the office. This list can also be
viewed at Patent Office website. The applicant is free to appoint any patent agent from the
said list.
55. Does the patent office ascertain fees charged by the patent agents for their services?
No. This is a matter between the applicant and the patent agent. The Patent Office has no
role in ascertaining the fee charged by a patent agent. However, for assisting startups to file
the patent applications, the Patent Office has enrolled the facilitators and prescribed a
certain limit of fee reimbursement to be paid to the facilitators under the SIPP scheme. The
details of the scheme can be seen on www.ipindia.gov.in.
56. Is it mandatory to obtain prior permission from the Patent Office to file application for
patent outside India?
Yes, it is mandatory for Indian resident to obtain prior permission from the Patent Office to
file application for patent outside India.
Ordinarily, under the following circumstances, it is not necessary to obtain prior permission
from the Patent Office to file patent application outside India:
a) Applicant is not Indian resident ,
b) If the applicant is Indian resident and first filed patent application in India, then after six
weeks from the filing of such application file an application for the same invention outside
India and no secrecy direction is invoked u/s 35 of the Act in relation to that application,
c ) if the invention for which an application for protection has first been filed in a country
outside India by a person resident outside India,
57. Under what circumstances, it is necessary to obtain a prior permission from the Patent
Office?
Residents of India require prior permission to apply for patents outside India under section
39 of the Patents Act, 1970 under following circumstances:
(a) The applicant or inventor is Indian resident,
(b) Applicant does not wish to file patent application in India prior to filing outside India.
(c) If the applicant is Indian resident, a patent application has been filed in India and six
weeks period is not yet over from that date
It may be noted that if the invention is relevant for Defence or Atomic Energy purpose, no
permission shall be granted without the consent of Central Government.
58. Is there any additional requirement for filing of patent applications in respect of
microbiological inventions?
In addition to the various forms required to be filed at the time of filing the patent
application, the applicant is also required to deposit the new strain of a microorganism used
in the invention (if it is not described in the specification in such a way as to satisfy clauses (a)
and (b) of section 10(4) of the Patents Act and if such material is not available to the public),
in a recognized depository which assigns a registration number to the deposited
microorganism, before filing for the patent application. This number needs to be quoted in
the patent application.
59. Are there any specific instructions to inventors in respect of filing for patent applications
where their invention lies in biological material?
The Patents Act, 1970 as well as the Biological Diversity Act, 2002 stipulates that the source
and geographical origin of the biological material should be clearly disclosed in the patent
specification. Further, according to the provision of Section 6 of the Biological Diversity Act, if
the biological material used in the invention is from India, permission from the National
Biological Authority has to be obtained by the applicant, and the same should be submitted
to the Patent Office before the grant of patent.
60. Is it essential to deposit biological material in the international depository authority?
If the invention uses a biological material which is new and not described in the
specification in such a way as to satisfy clauses (a) and (b) of section 10(4) of the Patents
Act and if such material is not available to the public, it is essential to deposit the same in
the International Depository Authority (IDA) prior to the filing of the application in India in
order to supplement the description. The description in the specification should contain
the name and address of the International Depository Authority and, date and number of
deposition of Biological material. If such biological material is already known, in such case
it is not essential to deposit the same. For more details log on to www.ipindia.gov.in
61. Is there any International Depository Authority in India?
Yes, there are three International Depository Authorities in India
1. Microbial Culture Collection (MCC), National Centre for Cell Science (NCCS), Savitribai
Phule Pune University Campus, Ganeshkhind, Pune-411007 (Web site
http://www.nccs.res.in)
2. Microbial Type Culture Collection and Gene Bank (MTCC), Institute of Microbial
Technology (IMTECH), Council of Scientific and Industrial Research (CSIR), Sector 39-A,
Chandigarh - 160 036 (Web site https://mtccindia.res.in)
3. National Agriculturally Important Microbial Culture Collection (NAIMCC), ICAR-National
Bureau of Agriculturally Important Microorganisms Kushmaur, Mau Nath Bhanjan 275
103, Uttar Pradesh (Web site https://nbaim.icar.gov.in)
(Reference: https://www.wipo.int/budapest/en/idadb/index.jsp)
62. Under what circumstances fees paid can be refunded?
As per the Patents (Amendment) Rules 2016, sub-rule (4) of rule 7 provides that if the
Controller is satisfied that during the process of online payment, the fees was paid more than
once for the same proceedings, the excess fees shall be refunded.
The newly inserted sub-rule 4A provides that in case of withdrawal of patent applications for
which request for examination has been filed but first statement of objections have not
been issued, 90% of fees for non-expedited or expedited request for examination may be
refunded to Applicant if he/she requests in newly inserted form 29 (which requires zero
fees).
63. What are the changes made to the submission of the Power of attorneys?
Now, the deadline for filing a power of attorney is 3 months from the date of filing of patent
application and failing of which no action shall be taken on such applications or document till
such deficiency is removed.
64. Are there any restrictions with respect to the hearing adjournments?
The Amended rules, 2016 provides for restriction on the number of hearing adjournments
to two and each adjournment shall not be more than thirty days each. These adjournments
have to be requested at least three days before the date of hearing.
65. Have there been any amendments with respect to national phase applications based
on the international patent application:
The rule 20 has been amended to explain an application corresponding to an International
application which clarifies that an application corresponding to an international application
under PCT can include amendments made under Article 19 or article 34 of PCT, provided
that the applicant while filing such application may delete a claim in accordance with Rule 14.
66. What are the instructions to patent agents regarding submission of all documents by
electronic transmission?
Now Patent Agents are required to submit even those documents by electronic transmission
that need to be submitted in original i.e. through scanned copies and any document, if asked to
be submitted in original, shall be submitted within a period of fifteen days, failing which such
documents shall be deemed not to have been filed.
67. Are there any schemes available for MSME’s and Start-ups with respect to IPRs?
Yes, the Government of India has formulated schemes to spur the innovative capabilities of
the innovators who are from MSME‘S and Start-ups.
i) MSME’s: A 80% fee concession as per patent amendment rules, 2020 is provided for MSMEs
vis-à-vis large entities on patent filing fees.
ii) A Scheme for facilitating Startups Intellectual Property Protection (SIPP) has been
launched for encouraging innovation and creativity of Startups.
For effective implementation of the scheme, facilitators have been empanelled by the
Controller General of Patent, Trademark and Design (CGPDTM). The list of facilitators in
Patent & Designs and Trademarks is available on the website of Controller General of
Patents, Designs & Trade Marks (www.ipindia.gov.in). Startups are provided a rebate of 80%
on patent fees as compared to the fee paid by legal entity.
68. What is start up criteria?
Start-up means an entity, incorporated or registered in India under the Start-up India:
Stand-Up India” initiative of the Government of India. (You can refer:
https://www.startupindia.gov.in/content/sih/en/startup-scheme.html)
69. What are the benefits provided by the Government of India to Startup applicants for filing
patent applications?
Government of India provides the following benefits to Start Ups in filing patent application
in India under Scheme for Facilitating Start-ups Intellectual Property Protection (SIPP):
• An entity qualifying as a “start up” under Stand-Up India initiative of the Government of India
can avail the facility of expedited examination.
• The Government reimburses the expenditure to the facilitator who assists the startup for
filing and prosecuting the patent application is as given below:
• At the time of filing of Application- INR 15000
• At the time of final disposal of Applications Without Opposition-INR 25000
• At the time of final disposal of Applications With Opposition-INR 35000
70. What is the relevant date from the infringement perspective?
As per section 11A, the applicant shall have privileges as if patent is granted on the date of
publication of application. Thus, in case of suit for infringement, the patent owner can
claim damages from the date of publication of patent application or date of infringement
whichever is earlier. However the suit for infringement can be filed only after a patent is
granted.
71. What are the rights of a patentee once the patent is granted?
A patentee enjoys the exclusive right to make and use the patented invention. The patentee
also has the right to assign the patent, grant licences, or otherwise deal with the patent, for
any consideration. These rights, created by statute, are circumscribed by various conditions
and limitations as prescribed under the Patents Act.1970.
72. Is it necessary to show working of a patent after grant?
Under the provisions of section 146, every patentee or a licensee, is required to furnish the
information relating to working of patent, statement as to the extent to which the patented
invention has been worked. This must be submitted on Form 27 once in respect of every
period of three financial year, starting from the financial year commencing immediately after
the financial year in which the patent was granted, and shall be furnished within six months
from the expiry of each such period. Provided that the Controller may condone the delay or
extend the time in filing of such statement for a period up to three months upon a request
made in Form 4.
INTERNATIONAL ARRANGEMENTS:
73. What is the Budapest Treaty?
This is an international treaty governing the deposition of microorganisms, cell lines etc in
international approved authority approved by WIPO for the purpose of patent applications in
any country that is a party to it. Because of the difficulties and, on occasion, of virtual
impossibility of reproducing a microorganism from a description of it in a patent
specification, it is essential to deposit a strain in a culture collection centre for testing and
examination by others. There are many international depositories in many countries, which
are recognized under the Budapest Treaty. IMTECH Chandigarh, MCC Pune and NAIMCC Mau
Nath Bhanjan are recognized depositories in India. (Reference:
https://www.wipo.int/budapest/en/idadb/index.jsp)
74. What are the modes of filing a patent application in foreign countries?
Since there is no worldwide patent, the applicant has to file his patent application in
respective countries separately to obtain protection on his invention. The following are the
routes available to the applicant to file his International application in foreign country.
Paris Convention: The Paris Convention for the Protection of Industrial Property, established
in 1883, provides for 12 months time to file the patent application in the member countries
from the date of filing of the earliest application.
Patent Cooperation Treaty System: PCT is a system which allows an applicant to file
in PCT contracting states within 30/31 months from priority date instead of 12 months.
Not only does the PCT enable extended time period, it also simplifies filing procedure
through a single application. The PCT system also provides for publication of application,
International Search and International Preliminary Examination before entering the national
phase.
75. What is the Patent Cooperation Treaty (PCT)?
The PCT is an international treaty with more than 150 Contracting States which are bound
with certain formal requirements set out in the Treaty and Regulations. The PCT makes it
possible to seek patent protection for an invention simultaneously in a large number of
countries by filing a single
―international patent application instead of filing several separate national or regional
patent applications however, granting of patents remains under the control of the national
or regional patent offices after the corresponding ―national phase application has been filed
and the national phase application is assessed as per patent law of that jurisdiction.
As per Indian Patent Act 1970 as amended and the Patents Rules 2003 as amended by
(amendment) rules 2016, any PCT international application may be filed designating India
and it shall deemed to be an application if the corresponding national phase application has
also been filed.
76. What is the procedure of
PCT?
The PCT procedure includes:
a. Filing: An international application can be filed with RO/IN national patent Office or
directly with International Bureau (IB) of WIPO, complying with the PCT formality
requirements and fees. In India PCT application are filed at appropriate patent offices
decided on the basis of territorial limits (Rule 4, Indian Patent Act 1970 as amended and
patent Rules 2003 as amended).
An Indian applicant can file a PCT International application in the following manner:
(i) If the international application is filed before 6 weeks from the date of the priority in
India, the foreign filling permission under section 39 has to be obtained from the
appropriate patent office.
(ii) If the international application is filed directly at RO/IB or RO/IN (i.e. filed without a
priority claim or filed within 6 weeks from the date of priority), foreign filling
permission under section 39 has to be obtained from the appropriate patent office.
If the applicant fails to obtain the foreign filling permission under section 39, the
application will not be considered as international application by RO/IN. If any person
fails to comply with any direction given under section 35 or makes or causes to be made
an application for the grant of a patent in contravention of section 39, he shall be
punishable with imprisonment for a term which may extend to two years, or with fine,
or with both.
b. International Search: An International Searching Authority (ISA) identifies the published
patent documents and technical literatures (prior arts) which may have an influence on the
patentability of the invention, and establishes a written opinion on invention‘s potential
patentability. Indian Patent office, Delhi Branch performs the function of ISA on receipt of
prescribed fee specified in Fifth Schedule of patent rules 2003 as amended.
c. International Publication: After expiration of 18 months from the earliest filing date
(Priority Date), the content of your international application is disclosed to the world.
d. International Preliminary Examination (optional): one of the ISAs on request carries out an
additional patentability analysis, usually on an amended version of your application. Indian
Patent office, Delhi Branch performs the function of International Preliminary Examination
(IPEA) on receipt of prescribed fee specified in Fifth Schedule of patent rules 2003 as
amended.
e. National Phase: After the end of the international PCT procedure, usually at 30/31 months
from the earliest filing date of your initial application, from which you claim priority, you
start to pursue the grant of your patents directly before the national (or regional) patent
Offices of the countries in which you want to obtain them.
f. In India, 31 months is the time limit to enter national phase (Which can be extended
for a period upto 6 months by filing form-4 under rule 138 of Patent rules 2003, as amended
by patent amendment rules, 2024). To enter national phase an application corresponding
to an international application is made in Form 1.
77. Who has the right to file an international patent application under the PCT?
PCT international patent application may be filed by a national or resident of a PCT
Contracting State. If there are several applicants named in the international application, only
one of them needs to comply with this requirement.
78. Can I file PCT applications electronically?
YES, PCT applications can be filed electronically with RO/IN or RO/IB which accepts such
filings. WIPO web service (ePCT- filing) helps to prepare applications by automatically
validating the entered data and drawing your attention to incorrectly or inconsistently
completed parts. Applicants are also entitled to certain PCT fee reductions when filing
electronically (https://pct.wipo.int/). WIPO‘s PCT-SAFE software offers PCT user to prepare
international application in electronic form (http://www.wipo.int/pct-safe/en/).
An International patent application can be filed in Indian Patent Office as a Receiving Office,
in request form (PCT/RO/101), through the e-PCT module of WIPO (https://pct.wipo.int)
along with application body, declaration, PoA (In case of agents), MSME Certificate in case of
small entity or certificate of recognition as Startup issued by DPIIT for claiming fee reduction
in transmittal and priority document fees.
79. In which language can a PCT application be filed?
PCT international application in India shall be filed with the appropriate office in triplicate
either in English or Hindi. However, the request can be filed only in English.
80. What are the costs associated with the filing and processing of an international
application under the PCT? What are the costs for entering the national phase?
PCT applicants generally pay three types of fees when they file their international applications:
(a) An international filing fee
(b) A search fee which can vary depending on the ISA chosen, and
(c) A transmittal fee which varies depending on the receiving Office.
All PCT fees are subject to change periodically. For latest fees, please refer the latest PCT
newsletter at URL www.wipo.int.
Refer, Fifth Schedule of patent rules 2003 as amended for fee structure for an international
application designating India.
81. Are there any fee reductions available under the PCT?
PCT fee reductions are available to applicants who file electronically, based on the type of
filing and the format of the application submitted. Also, there is no transmittal fee for
international application if filed electronically (for ePCT filing).
In addition, to encourage the use of the PCT System by applicants from developing countries
fee reductions of 90% for certain fees, including the international filing fee, are available to
natural persons.
Some ISAs also provide for a reduction of the international search fee if the applicant or
applicants are nationals or residents from certain countries (see Annex D of the PCT
Applicant’s Guide WIPO).
82. How long does the PCT process take?
In most cases, up to an additional 18 months from the time you file your international patent
application (or usually 30/31 months from the filing date of the initial patent application of
which you claim priority) before starting of national phase procedures with individual patent
Offices and to fulfil the national requirements.
i. This additional time can be useful for evaluating the chances of obtaining patents and
exploiting invention commercially in the countries in which you plan to pursue patent
protection, and for assessing both the technical value of your invention and the continued
need for protection in those countries.
ii. It is important to note, however, that you do not have to wait for the expiration of 30/31
months from the earliest filing date of your patent application (priority date) before you
enter the national phase you can always request an early entry into the national phase.
iii. Since, in the national phase, each patent Office is responsible for examining your
application in accordance with national or regional patent laws, regulations and practices,
the time required for the examination and grant of a patent varies across patent Offices.
83. What does it mean to “claim priority” of an earlier patent application?
Generally, patent applicants who wish to protect their invention in more than one country
usually first file a national or regional patent application with their national or regional
patent Office, and within 12 months from the filing date of that first application, they file
their international application under the PCT.
The effect of claiming the priority of an earlier patent application is that a patent shall not be
invalidated by reasons of any acts accomplished in the interval, such as another filing, the
publication or sale of the invention.
INTERNATIONAL SEARCH
84. Can an applicant opt for Indian Patent Office as ISA/IPEA for the international search of
PCT application?
Yes, the Indian Patent Office was recognized as an International Searching Authority and
International Preliminary Examining Authority under the PCT and started functioning from
15th October 2013.
The advantages of search in Indian ISA are:
i. Having access to a comprehensive collection of patent and non-patent literature that
covers the PCT minimum documentation.
ii. Professionally qualified and skilled Examiners are our assets.
iii. PO has established a Quality Management System covering technical and administrative
tasks of the office. Fully electronic processing system ensures speedy disposal and
dissemination of information on real time basis.
iv. The fees for conducting a search under ISA/IPEA are the lowest among the other offices
offering the same facilities.
v. Further, if the applicant chooses the Indian ISA/IPEA, he gets an additional advantage to
enter the Expedited Examination System which ensures a grant of his application within 12
months (provided no pre-grant opposition is filed).
85. Which are the other offices which are appointed by the PCT to conduct searches?
The following have been appointed by the PCT Contracting States as International Searching
Authorities (ISAs): the national Offices of Australia, Austria, Brazil, Canada, China, Chile,
Egypt, Finland, India, Israel, Japan, the Republic of Korea, the Russian Federation, Spain,
Sweden, Ukraine and the United States of America, and the following regional Offices, the
European Patent Office and the Nordic Patent Institute. For complete list please refer to the
link (https://www.wipo.int/pct/en/access/isa_ipea_agreements.html). The availability of a
particular ISA to the nationals or residents of a country is determined by the receiving Office
where the international application was filed. Some receiving Offices provide a choice of
more than one competent ISAs. If your receiving Office is one of those, you can choose any
one of them, taking into account differing requirements relating to language, fees, etc.
86. What is a PCT international search?
A PCT international search is a high quality search of the relevant patent documents and
other technical literature in those languages in which most patent applications are filed
(Chinese, English, German and Japanese, and in certain cases, French, Korean, Russian and
Spanish). The high quality of the search is assured by the standards prescribed in the PCT for
the documentation to be consulted, and by the qualified staff and uniform search methods
of the ISAs, which are all experienced patent Offices. The results are published in an
international search report and a written opinion of the ISA on the potential patentability of
your invention.
87. What is an international search report?
The international search report consists mainly of a listing of references to published patent
documents and technical journal articles which might affect the patentability of the invention
disclosed in the international application. The report contains indications for each of the
documents listed as to their possible relevance to the critical patentability questions of
novelty and inventive step (non-obviousness). Together with the search report, the ISA
prepares a written opinion on patentability, which will give you a detailed analysis of the
potential patentability of your invention. The international search report and the written
opinion are sent to the applicant by the ISA.
88. What is the value of the international search report?
The report enables you to evaluate your chances of obtaining patents in PCT Contracting
States. An international search report which is favourable, that is, in which the
documents (prior art) cited would appear not to prevent the grant of a patent, assists you in
the further processing of your application in those countries in which you wish to obtain
protection. If a search report is unfavourable (for example, if it lists documents which
challenge the novelty and/or inventive step of your invention), you have the opportunity to
amend the claims in your international patent application (to better distinguish your
invention from those documents), and have them published, or to withdraw the application
before it is published.
89. Will an international search be carried out for all international applications?
iii) As a rule, an international search is carried out for all international applications. There are
instances, however, where the ISA will not be able to carry out a search. For example, where
the international application relates to subject matter which the ISA is not required searching
or if the description, claims or drawings are not sufficiently clear for it to carry out a
meaningful search. In such cases, the ISA will issue a declaration that no international search
report will be issued.
iv) There are also circumstances where the ISA will issue a partial search report. This can
occur when, in the view of the ISA, the international application contains multiple inventions
but the applicant has not paid additional search fees to cover the work required to search
those additional invention(s).
90. What is the written opinion of the International Searching Authority?
For every international application, the ISA will establish, at the same time that it establishes
the international search report, a preliminary and non-binding opinion on whether the
invention appears to meet the patentability criteria in light of the search report results. The
written opinion, which is sent to you together with the international search report, helps you
understand and interpret the results of the search report with specific reference to the text
of your international application, being of special help to you in evaluating your chances
of obtaining a patent. The written opinion is made available to the public at the same time
as the application.
INTERNATIONAL PUBLICATION
91. What does international publication under the PCT consist of?
WIPO publishes the international application shortly after the expiration of 18 months from
the priority date (if it has not been withdrawn earlier), together with the international
search report. PCT international applications are published online on PATENTSCOPE, a
powerful, fully searchable database with flexible, multilingual interfaces and translation tools
to assist users and the public in understanding the content of published applications.
92. Can third parties access the documents contained in the file of the international
application? If so, when?
Until international publication (18 months after the priority date), no third party is allowed
access to your international application unless you as applicant request or authorize it. If
you wish to withdraw your application (and you do so before international publication),
international publication does not take place and, as a consequence, no access by third
parties is permitted. However, when international publication occurs, certain documents in
the international application file are made available on PATENTSCOPE together with the
published international application, for example, the written opinion of the ISA and any
informal comments on the written opinion.
INTERNATIONAL PRELIMINARY EXAMINATION
93. What is international preliminary examination?
International preliminary examination is a second evaluation of the potential patentability of
the invention, using the same standards on which the written opinion of the ISA was based.
If you wish to make amendments to your international application in order to overcome
documents identified in the international search report and conclusions made in the written
opinion of the ISA, international preliminary examination provides the only possibility to
actively participate in the examination process and potentially influence the findings of the
examiner before entering the national phase – you can submit amendments and arguments
and are entitled to an interview with the examiner. At the end of the procedure, an
international preliminary report on patentability (IPRP Chapter II) will be issued. The
International Preliminary Examining Authorities (IPEAs) which carry out the international
preliminary examination are the ISAs mentioned above. For a given PCT application, there
may be one or more competent IPEAs; your receiving Office can supply details or you may
consult the PCT Applicant’s Guide and the PCT Newsletter.
94. What is the value of the international preliminary report on patentability (Chapter II)?
The IPRP (Chapter II) consists of an opinion on the compliance with the international
patentability criteria of each of the claims which have been searched. It provides you with an
even stronger basis to evaluate your chances of obtaining patents, in most cases on an
amended application, and, if the report is favourable, a stronger basis to continue with your
application before the national and regional patent Offices. The decision on the granting of a
patent remains the responsibility of each of the national or regional Offices in which you
enter the national phase; the IPRP (Chapter II) should be considered by the Offices but is
not binding on them.
NATIONAL PHASE
95. How do I enter the national phase?
It is only after you have decided whether, and in respect of which States, you wish to
proceed further with your international application that you must fulfil the requirements
for entry into the national phase. These requirements include paying national fees and, in
some cases, filing translations of the application. These steps must be taken, in relation to
the majority of PCT Contracting States‘ patent Offices, before the end of the Other(s), alone
or with natural person(s) or Startup(s) or Small entit(y)/ (ies) or educational institution(s)”.1
st
month from the priority date. There may also be other requirements in connection with the
entry into the national phase for example, the appointment of local agents. More general
information on national phase entry can be found in the PCT Applicant’s Guide, National
Phase, and specific information concerning fees and national requirements can be found in
the national chapters for each PCT Contracting State in the same Guide.
96. What happens to my application in the national phase?
Once you have entered the national phase, the national or regional patent Offices concerned
begin the process of determining whether they will grant you a patent. Any examination
which these Offices may undertake should be made easier by the PCT international search
report and the written opinion and even more by an international preliminary examination
report.
97. What are the advantages of the Patent Cooperation Treaty?
The PCT System has many advantages for an applicant, for the patent Offices and for the
general public:
(a) You have up to 18 months more than if you had not used the PCT to reflect on the
desirability of seeking protection in foreign countries, to appoint local patent agents in each
foreign country, to prepare the necessary translations and to pay the national fees;
(b) If your international application is in the form prescribed by the PCT, it cannot be rejected
on formal grounds by any PCT Contracting State patent Office during the national phase of
the processing of the application;
(c) The international search report and written opinion contain important information about
the potential patentability of your invention, providing a strong basis for you to make
business decisions about how to proceed;
(d) You have the possibility during the optional international preliminary examination to
amend the international application, enter into dialogue with the examiner to fully argue
your case and put the application in order before processing by the various national patent
Offices;
(e) The search and examination work of patent Offices in the national phase can be
considerably reduced due to the international search report, the written opinion and, where
applicable, the international preliminary report on patentability that accompany the
international application;
(f) You may be able to fast-track examination procedures in the national phase in Contracting
States that have PCT-Patent Prosecution Highway (PCT-PPH) agreements or similar
arrangements;
(g) Since each international application is published together with an international search
report, third parties are in a better position to evaluate the potential patentability of the
claimed invention;
(h) For an applicant, international publication online puts the world on notice of your
invention. You may also highlight your interest in concluding licensing agreements on
PATENTSCOPE, which can be an effective means of advertising and looking for potential
licensees;
(i) You also achieve other savings in document preparation, communication and translations
because the work done during the international processing is generally not repeated before
each Office (for example, you submit only one copy of the priority document instead of
having to submit several copies); and
(j) if your invention appears to be not patentable at the end of the international phase, you
may abandon the PCT application and save the costs you would otherwise have incurred by
directly seeking protection in foreign countries, appointing local patent agents in each
foreign country, preparing the necessary translations and paying the national fees.
98. What is ePCT?
ePCT is a WIPO online service that provides secure electronic access to the files of
international applications filed under the PCT as maintained by the International Bureau. The
applicants can file international applications using ePCT-Filing, with RO/IN as well as RO/IB.
99. What are the benefits of filing through ePCT?
• Applicants can avail a fee reduction as fixed by PCT division of WIPO from time to time.
• Less cumbersome, for both RO as well as for the applicant.
• Fast processing
• Record copy transmitted to the IB on the same day.
100. How to conduct patent search other than in InPASS?
Here are some options for conducting patent searches besides the Indian Patent Office's InPASS
system, WIPO’s PATENTSCOPE, EPO’s Espacenet, Google Patents, etc
101. How IPO is incentivizing the applicant for patent/design filing?
The Indian Patent Office (IPO) incentivizes patent and design filings through:
Fee reductions for startups, small entities, and e-filers.
Expedited examination for startups, MSMEs, etc as per Rule 24C.
Innovation support via workshops and IPR awareness programs such as NIPAM.
Simplified procedures with online tools.
Financial assistance and reimbursement schemes such as SIPP.
Patent Facilitation Centres (PFCs) for guidance.
OPEN HOUSE
102. How can one reach to IPO for their grievances related to any of 6 IPs (Patents, Designs,
Trademarks, Copyright, Geographical Indication and SICLD)?
The stakeholder can send their queries related to any of 6 IPs (Patents, Designs, Trademarks,
Copyright, Geographical Indication and SICLD) through “Open House Helpdesk Portal”.
103. What is “Open House Helpdesk Portal”, how is it working and how the stakeholders will
get benefitted from this portal?
The Open House Helpdesk Portal is developed for enhancing the services of IPOs and
improving stakeholder engagement. This revolutionary platform is poised to transform the
way applicants and stakeholders interact with the IPOs.
The Open House Helpdesk Portal now offers a single window for communication that will
provide swift and effective resolution to the queries and grievances of applicants and
stakeholders across the six key areas of intellectual property: Patents, Designs, Trademarks,
Geographical Indications, Copyrights, and SICLD (Semiconductor Integrated Circuits Layout-
Designs) which are administered by the O/o CGPDTM
Key Features of the Open House Helpdesk Portal:
1. User-Friendly Registration: Applicants and stakeholders can register themselves on the
Open House Helpdesk Portal through a simplified process by using only their email IDs This
will give access to the applicant/stakeholder to raise a grievance ticket.
2. Tickets and Real-Time Notifications: Once a ticket is raised, the users will receive timely
notifications for every response from the relevant department within the Intellectual Property
Office, ensuring transparency and accountability in the resolution process. The ticket will be
responded by IPO officials as soon as possible. After response from IPO the applicant has
further query then they can send further query under the same ticket with same subject
matter other they can close the ticket if satisfied with the IPO response. If applicant does not
respond the response of IPO further then the ticket will automatically closed after the expiry
of 7 days from the date of response from IPO.
3. Self-Paced Issue Resolution: The Open House Helpdesk Portal grants applicants the
freedom to close their support tickets once they believe that their concerns have been
satisfactorily addressed, putting control back in the hands of the stakeholders.
This initiative is in line with the Government of India's commitment to creating a conducive
environment for innovation, creativity, and entrepreneurship. By providing a dedicated
platform for communication, the Intellectual Property Office aims to foster a collaborative
ecosystem where applicants and stakeholders can seek guidance and clarification in a
transparent and efficient manner.
Link for the portal - https://iprsearch.ipindia.gov.in/openhousehelpdesk/Login/Login
