FAQ

P1: Can a patent search be conducted?
No official search is conducted.


P2: Can convention priority be claimed under Paris Convention and Patent Cooperation Treaty (PCT)?
Yes.

P3: What are the time periods for national phase entry under chapters I and II of PCT ?
It is 31 months from the date of earliest priority in respect of both the chapters.
P4: Can a registration be obtained for pharmaceutical products?
Yes.

P5: What is the term of protection of a patent and from which date is it calculated? Can it be extended?
20 years from the date of filing. In case national phase applications under PCT, the period starts form the date of International Application. It cannot be extended.

P6: Is there a novelty requirement? Is it local or worldwide?
Yes, worldwide.

P7: Is one year period allowed for commercial exploitation before filing a patent application?
No.

P8: Are utility models granted protection in India under the current law?
No.

P9: Is patent protection available for software alone, or must the software be coupled with computer hardware in order to permit patent application?
Computer programs with technical applications to industry or a combination with hardware are patentable.

P10: Can the specifications or claims be amended?
Yes.

P11: Should annuity payments be made before the granting of the patent?
No.

P12: In what language should specifications and claims of the patent be filed?
English.

P13: Is working of the invention required to keep protection in force and, if so, can the working requirements be satisfied by importation or nominal working?
Working of the invention by the patentee or a licensee will do.

P14: What are the conditions that might lead to a compulsory license?
Non-use for three consecutive years after grant of patent and any national urgency.

P15: Must assignments be recorded within a certain period?
No.

P16: Does the Patent Law provide for licenses or registered users?
Yes.

P17: Does the Patents Office publish the patent applications in the Official Gazette?
Yes.

Address:

Abu-Ghazaleh Intellectual Property HL Arcade-3rd Floor, Plot No. 14, Sector 5 (MLU) Above AXIS Bank, Dwarka, New Delhi – 110075 India

P.O. Box:
Telephone: (00 91-11) 45122000
Fax: (00 91-11) 45122099
Email: india@agip.com
Contact: Abhishek M. Rohra (Mr)

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