This section discusses in detail about patents and its essentiality in the global business market.
An International Patent Application (PCT) shall be filed using Form 1. Patent Office shall not start processing such international applications designating India before the expiration of the time limit prescribed (31 Months). Before the time limit the applicant shall, pay the national fee and other fees to the Patent Office under these rules and regulations…
Upon any international application designating India, if the applicant has not complied with the requirements under the regulations of the Treaty; according to the rule, he shall file with the patent office the priority document(s) (if not in English, shall translate and duly verify it) as per that rule before expiration of 31 months. If…
If the regulations as per rule 20 are not complied with, the application shall be considered to be withdrawn.
If there is a conflict between the provisions of the Patent Rules, the provisions, regulations and administrative instructions of the Treaty shall apply in relation of the international applications.
All patent applications shall be made open for the public only after 18 months within one month from then. (Publication in the Official Journal of the Patent Office)
Early publication request shall be made by Form 9 as per section 11A (2).
Request for Examination under section 11B shall be made in Form 18 within 48 months from date of filing. If priority date is applicable in any manner through provisional filing or other means, then the 48 months shall be counted from the date of priority. If Secrecy Directions were imposed on a patent application; request…
Expedited examination shall be filed using Form 18A within the time only if, India has been indicated as the Competent International Searching Authority or elected as International Preliminary Examining Authority for the application. the applicant is a startup. An ordinary request for examination filed earlier shall be converted into an expedited examination request upon payment…
Applications published under Section 11A(2&5) shall be identified by the letter “A” along with the application number.