Time lines of Indian Patent Act

Time lines in Indian patent act

1) To file complete specification after provisional: within 12 months from the date of provisional filing

2) U/S 8 time within statement of undertaking (status of similar/equivalent applications in other countries) to be filed is "6 months from the date of application"

3) U/S 10 & U/R 13: Declaration of inventorship is to be filed within one month from the date of filing of complete specification

4) U/S 11A & U/R 24: publication of applications is ordinarily be 18 months from date of filing of application or date of priority date, whichever is earlier

5) U/S 11B & U/R 24B: Examination of applications: Request for examination is to be filed within 48 months from the date of filing of application or from the date of priority; whichever is earlier.

6) U/S 12 & U/R 24B (3): first examination report may be sent to applicant within 6 months from the date of request for examination or from the date of publication; whichever is later

7) U/S 16: Divisional applications may be filed, if applicant desired or as a remedy for objection raised in examination, "any time before the grant of patent"

8) U/S 21: Time to Application in order for grant is 12 months from the date of first examination report

9) U/S 25(1) & U/R 55: To file pre-grant opposition/representation: any time before the grant of patent; ordinarily no patent will be granted before 6 months from the date of publication.

10) U/S 25(2): To file post grant opposition: within one year from the date of publication of grant of patent

11) U/S 53: Term of patent is 20 years from the date of filing of application for the patent. [in case of PCT application, term of patent will be 20 years from the date of filing of international application, not from the date of indian national pahse application]

12) U/S 55: Term of patent of addition is equal to term of main patent

13) U/S 60: Application for restoration of ceased patent: within 18 months from the date of patent ceased to have effect.

14) U/S 61 & U/R 85 Opposition to restoration of patent: within two months from the date of publication of restoration

15) U/S 84: Compulsory license: any time after expiry of three years from the grant of patent

16) U/S 135: Convention Applications: within 12 months from the date of basic application

17) U/R 20 (4) (i): National phase application: within 31 months from the date of priority [U/R 20(2) no application will be processed before expiry of this time period]