India Patents

Filing Requirements:

1. Power of attorney, simply signed.

2. 1 copy of the specifications in English.

3. 1 set of drawings.

4. Deed of assignment from the inventor(s), notarized.

5. Copy of the priority document, if priority is claimed, certified.

Opposition:

Decisions to grant a patent are published in the Official Gazette. Oppositions may be filed within 1 year from publication date.

Search:

It is possible for granted patents published in the Official Gazette to be searched by title and patentee name.

Examination:

Applications are examined as to novelty, form, and industrial applicability.

Annuities:

A maintenance fee is due annually on the anniversary of the filing date. There is a 6-month grace period for late payment with a surcharge.A maintenance fee is due annually on theyment with a surcharge.

Protection Term:

The term of protection is 20 years from filing date.

Compulsory License:

A patent has to be worked. If the patent is not being fully exploited by the patentee within 4 years from the date of filing or 3 years from the date of grant, then the patent will be subject to compulsory licensing under the provisions of the law.

Novelty Requirements:

Absolute novelty is required.