Procedures to File a Patent

The inventor has to file a patent in the concerned regional office in the country in case of national patents. With regard to international patents, the guidelines and requirements of the country in which patenting is proposed must be thoroughly understood and then proceeded. The procedures, fee and the duration required, etc. vary from country to country. Publication in the gazette and inviting opposition to the patent from public also differ between countries. A flow chart of patent application and its sealing (approval) in India is given below with approximate time taken for each step.

Figure 1 Filing a Patent in India – The Flow Chart

Submit an application form to the relevant patent office

↓12 months

Preliminary examination by the patent office after filing complete specifications

↓ Effective date

First examination report (accept/abandon)

↓ 15 months

Second examination report (accept/abandon)

↓ 4 months

Opposition from public

↓ 2 months

Sealing of patents and registration