How Patent is Granted in India?

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On Behalf of MYNYX | May 8, 2023 Patent

In India, a patent is granted by the Indian Patent Office under the Indian Patents Act, of 1970. The process for obtaining a patent in India involves the following steps:

 

  1. Filing a patent application: The first step is to file a patent application with the Indian Patent Office. The application should include a description of the invention, its drawings (if any), and claims that define the scope of the invention.
  2. Publication of the application: After filing, the patent application is published in the Patent Office Journal after 18 months from the date of filing or the priority date, whichever is earlier.
  3. Examination of the application: The patent application is examined by the Indian Patent Office to determine if the invention meets the criteria for patentability. The examination can be requested by the applicant or automatically triggered by the publication of the application.
  4. Grant of patent: If the patent office finds that the invention meets the criteria for patentability, the patent is granted and the applicant is issued a patent certificate. The term of the patent is 20 years from the date of filing.

 

It is important to note that the patent process in India can take several years to complete, and it is recommended to seek the guidance of a patent attorney to navigate the process.

 

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