how much time required to file patent and to get granted patent in India video by Prasad Karhad
patentinindia....
The time required for grant of patent in India
in this section we will see the second part of the question: “Time required for getting granted patent in India”
Although there are many advantages of a patent filed or patent-pending status, you sometimes need to wait for grant of patent for doing some specific activity like stopping others from using your invention or to file a lawsuit for infringement or file a case against the infringing party.
in general, there are 2 timelines to consider for the grant of patent.
time for grant of patent by Normal route
time for grant of patent by Expedited (Faster ) route
Short Answer :
the time required for getting granted patent by normal route is more than 2 to 3 years and
the time required for getting granted patent by Expedited (Faster ) route is within 1 to 1.5 years
The time required for grant of patent by Normal route
Note: these are approximate timelines and may change from case to case basis.
Novelty search: it is an optional step and the time required for completing this search report is 8 to 10 days.
Patent drafting (writing): the time required to draft a patent application is about 2 weeks that is 12 to 15 days.
Filing patent application: the time required to file a patent application upon review and approval from you (applicant) is about 1 day.
Publication of application: patent application is published after the expiry of 18 months from the date of filing. However, you can do an early publication request and it would be published within 1 month.
Request for Examination: we need to file a request for examination RFE within 48 months from the filing of the patent application. sooner we file RFE the better as our application would be up in the queue of applications to be examined.
Examination of Application and First examination report FER: it may require more than 1 year for your application to get examined and generate the First examination report which has objections
Response to FER or Objection: You need to reply within 6 months to FER but the sooner you respond with a reply the better as it shortens the time required for the grant. in some cases, there may be a need for more than one communication with the government patent office as a response to objections and sometimes even hearing is required. this further adds up the time required for the grant of patent.
Grant of patent: it takes more than 2 to 3 years time for grant of patent via the Normal route and this time significantly varies from case to case, number of objections received and proactiveness of the applicant (you) in taking necessary steps as soon as possible
The time required for grant of a patent by Expedited (Faster) route
Note: these are approximate timelines and may change from case to case basis.
Novelty search: it is an optional step and the time required for completing this search report is 8 to 10 days.
Patent drafting (writing): the time required to draft a patent application is about 2 weeks that is 12 to 15 days.
Filing patent application: the time required to file a patent application upon review and approval from you (applicant) is about 1 day.
Publication of application: patent application is published after the expiry of 18 months from the date of filing. However, you can do an early publication request and it would be published within 1 month.
Request for expedited Examination: we may choose to file a request for expedited examination for patent application.
Examination of Application and First examination report FER: since expedited examination has shorter timelines for all steps in between we can expect the First examination report within 6 months
Response to FER or Objection: You may choose to respond to FER as soon as possible as it shortens the time required for the grant. in some cases, there may be a need for more than one communication with the government patent office as a response to objections and sometimes even a hearing is required. this further adds up the time required for the grant of patent.
Grant of patent: we can expect the patent to be granted within 1 to 1.5 years via expedited route and this time significantly varies from case to case, number of objections received and proactiveness of the applicant (you) in taking necessary steps as soon as possible
18 сен 2024