Patent Status India
In general, every application for patent is published after expiry of 18 months from the date of its filing or priority date whichever is earlier.
However following applications are not published:
1. Application in which secrecy direction is imposed;
2. An application which has been abandoned under section 9(1) i.e. complete specification has not been filed within 12 months from the date of the filing of the provisional application; and
3. An application which has been withdrawn 3 months prior to 18 months.
Every time the patent status is updated against your application, it not only shows the current stage of your application; it also indicates the course of action one needs to take for the application to move upwards in the ladder for achieving the patent grant.
In this blog post, we would help you interpret your Indian patent application status and your probable course of action.
The following statuses portray your patent application in India:
Indian Patent Application Status:
1) Application Does Not Exist: If 18 months have not lapsed from the date of filing of the patent application or priority date; this is the status you can expect. You can wait till the 18 months get over for the application to get published.
2) Application Published: After the filing of the application, the application is published by the IPO for public inspection in an official journal. It happens automatically after 18 months from the date of filing of the application or the priority claimed date, whichever is earlier. Only complete applications are published.
3) Application Awaiting Exam: This status shows up when the applicant has filed the ‘Request for Examination’ and the application is waiting to be picked up for the examination.
4) Application Examined (FER issued): The controller issues an FER (First Examination Report), a response which is required to be submitted within 6 months from the date of FER. An extension of 3 months is available, failing which the application is abandoned.
5) Application in Amended Stage: The status shows up after submission of the response to the FER or hearing, in case you have submitted the amendment in your application.
6) Abandoned u/s 9(1): It means that the application is in the abandoned state due to non-filing of complete specification within 12 months from the date of filing of the provisional specification. Once abandoned, the application cannot be revived.
7) Abandoned u/s 21(1): If the applicant fails to put the application in order for a grant within 6 months of the issuance of FER, it gets abandoned. Once abandoned, the application cannot be revived.
8) Application Refused u/s 15: When the controller is satisfied that the application does not comply with the requirement of the Indian patent act, it stands refused u/s 15.
9) Application Withdrawn U/R 26: When the applicant has filed a request to withdraw the application voluntarily. A request for withdrawing the application under sub sec (4) of Sec 11B has to be made in Form 29. The request has to be made within 48 months from the date of priority or filing whichever is earlier and there is no exception or extension of the time available under the law. One can claim 90% refund of examination fees from the patent office before FER issued.
10) Deemed to be withdrawn U/S 11B (4): It means RFE (Request for Examination) of the patent application was not filed within 48 months from date of priority or the date of the filing of the application (whichever is earlier). In such cases, the application shall be treated as withdrawn by the applicant.
11) Granted: It means that your patent application has overcome all the objections, the patent is granted and published in the patent gazette. After the patent has been granted It has to be renewed every year by paying the renewal fee. A patent in India can be renewed for a maximum 20 years period from the filing date.
Missing the patent timelines can prove lethal for your patent application. For that one needs to understand and be completely aware of the current stage of one’s patent application. No statutory remedy is available to deal with the missed deadlines. The applicants need to be more vigilant and fully aware of their patent application timelines in order to retain legal rights over their invaluable inventions.
For further help regarding your patent application status and determining your course of action, please contact Intepat or you can visit ipindia.nic.in website. In addition, you may also interested to read the below posts to know what action needs to be taken for your patent applications.