Trademark Registration India To Make Advantageous To Your Business

By Author: siddharth gautam
Total Articles: 374
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Getting the patent of an invention registered is a quite lengthy and complicated process. It may generally take more than 3 years in getting the patent of an invention registered. In order to make the understanding of the process for patent registration the whole process has been divided into four parts:

1) Application
2) Examination
3) Pre grant phase
4) Post grant phase

Application: An application for getting the patent of an invention registered has to be filed in the prescribed format along with the prescribed fees. Mainly, there are three kinds of patent applications i.e. ordinary application, convention application and PCT application. There are two other types of application also which are application for addition and divisional application. Convention application is one that has been filed from the resident of a convention country. A convention country is a country that is party to such a convention to which India is also a party for e.g. Paris Convention, Madrid convention etc. PCT stands for patent cooperation ...
... Treaty. PCT has been signed by almost all the countries of the world and around 138 countries are parties to it. For applying for getting patent generally form 1, 2, 3 and 5 are to be filled. Form 2 requires the provisional and complete specifications to be filled at the time of filing for registration. In case only provisional specification is filled at the time of filing application then complete specification has to be filed with 12 months of making the application. After 18 months from making the application, the invention is published in the official gazette. Any publication about the invention before that will be considered as prior art. trademark registration indiaExamination: A separate application as prescribed in form no. 18 has to be filed along with prescribed fees to request for examination of application. It is compulsory to file for application for examination to the controller because the without such application. The controller himself will not examine the application. Such application can be filed within 48 months of date of priority or the date of filing of application depending on whichever is earlier. Approximately within 12 months of the receipt of application for examination, first examination report is issued to the applicant and he given a period of six months to comply with the requirements of the first examination Report. And if the requirements are complied and the controller is satisfied and feels that the invention can be patented, then patent is granted and the same is communicated to the applicant. Pre grant phase: After publication of the invention in the official gazette, the same is left open for oppositions. These oppositions are generally divided into two categories i.e. pre grant oppositions and post grant oppositions. Pre grant oppositions as is clear from the name itself means oppositions before the grant of patent. Such oppositions can be raised with six months of the publication of the invention or six months before the publication of grant patent.fcra registrationPost grant phase: Once the grant of patent is communicated to the applicant, the same is published in the official gazette. But before the issuance of patent certificate, 12 months’ time is still kept for oppositions. The oppositions which are raised during this phase are called post grant oppositions. If there does not come any opposition, patent certificate is issued to the applicant. If there come any opposition, then hearing is organized and the matter is decided on merits. If the opposition is accepted, then rejection is communicated to the applicant otherwise patent certificate is issued.