PATENT FILING REQUIREMENTS
12 months from priority date – for Paris Convention
31 months from earliest priority date – for PCT National Phase
Filing: the application with all required documents - 12 months from priority date for Paris Convention or 31 months from first priority for PCT national phase.
Formal examination: checking on formal requirements/documentation
Publication: 18 months from priority or filing date, whichever earlier
Substantive examination: to be filed within 48 months from priority date
Notice of Substantive Results: deadline to be computed by Patent Office
Grant: Issuance fee payment to be stipulated by Patent Office
Annuity: Commence after grant.
Protection period: 20 years from filing, subject to payment of annual renewal fees.
Estimate time to obtain grant for straight forward case approximately 5-6 years from filing.
No Utility application procedure in India
TRADEMARKS FILLING REQUIREMENTS
Registrable Trade Mark
Power of attorney simply signed. Must be filed within one (1) month from filing date.
Extension of time for responding to Office Action
Allowed with cost
Registration Protection Period
10 years from filing date
Renewable for a successive period of 10 years. Renewal fees must be paid before the expiry date but not more than 6 months prior to expiry. Late renewals are available normally up to 6 months after expiry date with payment of late fees.
Time frame for Registration
Where Priority is claimed
Certified copy of the Priority Document. If the document is not in English, please provide a translation of the same.
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