Essentials of Patent Prosecution
Patent prosecution is a procedure where applicants and their representatives communicate with the Patent Office to get grants for their patent application. Patenting in India is crucial because no one can make, use, or sell patented products without your approval. As this procedure is time-consuming and usually consists of negotiations with patent examiners, it becomes vital to know the basic system of the patent prosecution system for a pleasant journey.
Stages for Pre-Grant Prosecution for Patenting in India
- Filing and Publication
A patent application should be filed with the Patent Office to acquire a patent. Looking to register a patent? It is possible that this application is a provisional or a non-provisional complete application.
- Search and Examination
This is the most crucial step of the prosecution procedure that determines the fate of a patent application. At that phase, the Patent Office reviews all the formal documents, and the patent examiners run a global patentability search depending on the main characteristics of the invention to examine for any near prior art that is appropriate to the application in question.
- Issuance of Examination Report
If the examiner discovers that the invention has inadequacy of novelty or inventiveness in proportion to any prior art, or it drops down within the ambit of “non-patentable inventions”, then he or she makes such disapprovals in an examination report and delivers it to the applicant or their representatives.
- Response to Examination Report
It is crucial to bear in mind that occasionally an applicant may determine to alter or change the specification, claims, or drawings. Apply for a patent with the best company at an affordable price. Such alterations, although, should remain within the extent of the original application, and the adding up of any new subject matter should be rigidly avoided. Afterward obtaining the reply, the examiner reviews all the arguments or modifications that the applicant has submitted and the go-ahead to the further step.
- Following Examination Reports or Hearing Before the Examiner
If the examiner is pleased with the arguments or modifications, then he or she goes ahead by issuing a patent certificate to the applicant. On the other hand, if the examiner is not satisfied with the applicant’s reply to the examination report, then he or she can issue a 2nd examination report or a hearing notice to sort out the matter.
- Pre-Grant Opposition
The search and examination largely occur between the examiner and the applicant. Although, in a few jurisdictions, any 3rd party termed as “the opponent” can oppose the grant of a patent depending on various reasons. There is no cost for patentability search in India. This can be done instantly after the publication of the application and before the patent is granted.
- Decision of the Examiner
The examiner once more reviews the documents submitted by the applicant and makes an end conclusion of either to go ahead with the grant or refusal. On condition that a pre-grant opposition has been filed in opposition to a patent application, later a hearing notice is issued to both the applicant and the opponent before passing the last order.