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India, as a global innovation powerhouse, is an indispensable venue for patent filings, bolstered by its formidable economic trajectory and substantial market dimensions. With a Gross Domestic Product (GDP) that ranks among the top economies worldwide, India’s economic landscape is marked by a vibrant growth rate and a vast consumer base, making it a beacon for inventors and corporations aiming to safeguard and capitalize on their inventions. The country’s commitment to intellectual property rights is underscored by a comprehensive legal framework, aligned with international patent treaties, ensuring global recognition and enforcement of patents filed within its jurisdiction. Furthermore, India’s legal fees for patent registration are considerably lower than in many other regions, offering an economical avenue for protecting intellectual property.
India’s eclectic industrial sectors, including pharmaceuticals, IT, and renewable energy, offer a dynamic backdrop for innovation, presenting unparalleled opportunities for patent applicants. The nation’s GDP growth not only signifies economic vitality but also reflects an increasing demand for new technologies and products, making it a prime market for introducing patented innovations. By filing patents in India, businesses can secure a strategic advantage, safeguarding their intellectual property while engaging with one of the most promising markets for growth and partnership. Opting for India in the patent filing process is a strategic move, embracing a country that champions innovation with the added benefit of lower legal costs, set against the backdrop of an economy with immense growth potential.
Filling Timelines
The time limit for the PCT national phase entry in India is 31 months from the earliest date of priority and 12 months for Direct Paris Route application.
The time limit for filing a design is 6 months from the earliest date of priority.
Required Documents
Signed POA, inventor declaration, assignment and Original certified copy of priority, if applicable.
Signed POA, inventor declaration, assignment and Original certified copy of priority, if applicable. A drawing set of the different views of the design.
Examination
The request for examination must be filed within 4 years from the earliest priority date. Accelerated examination is possible under PPH agreement. Contact us for additional information.
The patent office will review if the design application meets all formalities and registrability. No examination fees must be paid.
Granting
Once received the granting notification, the applicant will have to pay the accumulated annuities, within 3 months from granting notification. Additionally, it is mandatory for the applicant to file a Working Statement for all granted patents each year, providing information about the current commercialization status of the patent.
No granting fee must be paid, once the design has been accepted will be published in the Community Designs Bulletin and a certificate of registration will be issued. The “Maintenance” fees must be paid each period of 5 years from the filing date of the application and the patent term of the design is 25 years.
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A standard patent application process in India can take between 3 and 4 years from the filing date. However, a PPH requested can be filed to potentially allow the applicant to reduce the examination time in more than a half. Contact us for additional information.
No, a patent application that has been abandoned cannot be revived.
We have a team of patent attorneys and engineers, with years of experience making patent searches, filing patent applications and following up on the patent process in more than 30 countries, which allows us to assure you:
-Competent professionals will perform all the necessary procedures for filing and following up your patent application.
-You will receive timely information regarding updates for the application process.
-If objections or rejections arise in the patent application process, knowledgeable attorneys will advise you on the appropriate course of action.
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