A Presentation by Nitin Nair, Partner- BananaIP Counsels Contact Us for Intellectual Property Services BananaIP Counsels Regd Office No.40,3rd Main Road,JC Industrial Estate, Kanakapura Road,Bangalore – 560 062. Email: contact@bananaip.com Telephone: +91-80-26860414 /24/34

1. Patent Process
By
Nitin Nair

2. Patent Process - Agenda
• Filing
• Publication
• Examination
• Pre-Grant Opposition
• Grant
• Post-Grant Opposition

3. Patent Process - Filing
Patent Application
Form of Application
• Provisional Application (Provisional Specification
+ Filing documents)
• Non Provisional/Complete Application (Complete
specification + Filing documents)
Priority Date- filing date of the first application in
a chain of applications

4. Patent Process - Filing
Types of Application
• Domestic Application
• Convention Application
• International Application
• National Stage Application

5. • Patent Offices
• Mumbai
• Chennai
• Delhi
• Kolkata
Patent Process - Filing

6. Applicants
• True and First Inventor
• Assignee of the inventor
• Legal representative of the deceased person
Patent Process - Filing

7. Patent Process - Publication
• Notice to Public (18 months from the
priority date)
• Rights start from the date of publication
• Request for early publication

8. Patent Process - Examination
• Proper request must be filed
• By the Applicant
• By the interested person (person engaged in or
in promoting, research in the field of the
invention)
• Time limit- 48 months from priority date
• Formality check
• Prior Art search and analysis by the
Examiner

9. Patent Process - Examination
• First Examination report from the
Examiner within 6 months from the date
of request
• Response from the Applicant within 12
months

10. Patent Process - Pre-Grant
Opposition
• Should be filed after the application has
been published and before grant
• Will be considered only when Request for
Examination is filed
• May be filed by any person
• Should include statement and evidence

11. Grounds
• Wrongful obtainment
• Invention in public domain
• No sufficient disclosure
• Failure to disclose the information as to
corresponding foreign application
• Failure to file convention application within
12 months
Patent Process - Pre-Grant
Opposition

12. Patent Process – Grant
• 3-4 years from the date of filing
• To be renewed every year after 2 years
from the grant date
• Period of 20 years from priority date

13. Patent Process - Post-Grant
Opposition
• Should be filed within one year from the
grant of patent
• Must be filed by an interested person
• Grounds
• Wrongful obtainment
• Invention in public domain
• No sufficient disclosure
• Failure to disclose the information as to
corresponding foreign application
• Failure to file convention application within 12
months

14. Thank you
Nitin Nair
nitin@bananaip.com
9901633100
www.bananaip.com