PATENT FILING REQUIREMENTS
12 months from priority date – for Paris Convention
31 months from earliest priority date – for PCT National Phase
Word copy of Specification, Claims, Abstract and Drawings (if any)
Certified true copy (CTC) of the priority document – only if requested by Patent Office
Published PCT application, International Search Report, IPER, etc. [for national phase]
Full name, address, nationality of applicant and inventors
FLOW OF PATENT APPLICATION
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
For Patent : to be requested within 2 months from issuance of an invitation to request examination or within five years of the filing date/PCT filing date, whichever comes earlier.
For Utility : Only formalities examination procedure
Notice of Substantive Results: deadline to be computed by Patent Office
Grant: Acceptance and excess claims fees must be paid within three months of acceptance issued by Patent Office.
Annuity: maintenance fees are due annually beginning with the 4th anniversary of the effective filing date/PCT filing date
For Patent - 20 years from the filing subject to payment of annual fees.
For Utility Innovation – 8 years from filing subject to payment of annual fees
For Patent - estimate time to obtain grant for straight forward case approximately 2-3 years from filing.
For Utility –estimate time to obtain grant for straight forward case approximately 6 months to 1 year from filing
UI application – maximum 5 claims allowed, all of which can be independent
On UI application route, the grant does not extend protection to the patent unless it is certified by substantive examination after grant. If the substantive exam is failed, the grant shall be revoked.
TRADEMARK FILLING REQUIREMENTS
Trade Mark General Information
Details and Required Information for filling Trade Mark
Extension of time for responding to Office Action
Allowed with cost and valid substantial reasons
Registration Protection Period
10 years from filing date
Renewable for successive period of 10 years. Renewal fees must be paid before the expiry date but not more than 12 months prior the expiry. Late renewals are available 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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