Friday, December 12, 2008

Q Corner | Minimum Period for Patent Grant

What is the minimum period in which patent can be granted in India? --- Dr. Ashwin K. Gupta, Delhi

As such there is no exact rule for calculating minimum period in which patent can be granted in India as the Indian Patent Office (IPO) has its own right to reserve timeframe for processing procedural formalities under the Patent Rules, 2003. However, if we consider that IPO effectively process its procedural formalities and the applicant promptly reply objections made by the examiner and comply with other procedural formalities within shortest possible time then a patent may be issued within 9-10 months from the date of filing of application. Obviously while calculating I am generously considering that there is no pre-grant opposition made by any concern party against grant of the patent. My basis of calculation primarily rely on the following Rules –

Rule 24 and 24A – Considering that the Applicant has made request for early publication which the Controller will publish ordinarily in one month from the date of request for publication.

Rule 24B – Considering that the applicant has requested for examination at the earliest, possibly along with the request for early publication.

Rule 24B (3) – This is the standard time period (six months) in which a First Examination Report (FER) will be dispatched to the applicant or his authorized agent from the date of the request for examination or from the date of publication whichever is later.

Rule 24B (4) – Applicant has maximum twelve months to reply the objections made by the examiner. We are considering that the applicant provide reply within shortest possible time and accepted by IPO for patent grant.

Rule 55 (1A) – Importantly, a patent cannot be granted before the expiry of a period of six months from the date of publication of the application.

The above Rules ordinarily place an application for patent a minimum of 9-10 months to grant.

6 comments:

  1. T. David11:24 AM

    Varun –

    Is it possible that you recap Novartis Glivec controversy? Also would be interested knowing your viewpoints on whole Glivec episode?

    Thanks, David

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  2. Anonymous9:17 AM

    As per Rule 55 (1A), no patent shall be granted before 6 months from publication which may be 18 months publication or early publication by request.

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  3. Anonymous

    We have mentioned 55(1A) in our reply in closing lines.
    --
    VC | Patent Circle

    ReplyDelete
  4. Dear David,

    Sure Patent Circle will recap Novartis Glivec controversy soon and will love to provide own viewpoints over the same.

    VC | Patent Circle

    ReplyDelete
  5. Anonymous1:30 AM

    the shortest possible time is 7 months. it is practically not possible but it is an hypothatical situation that our specification/ invntion has no objections and it is in order to grant of patent.

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  6. About the time line of Rule 24B (3), its just on paper rules and not actualy followed as i filed RFE in Oct-2008 and till July 2009 i have not received the FER

    On inquiry, i received answer that we have not started examination of 2008 RFE yet...

    ReplyDelete