Intellectual Properly Law

The Request: Conversion to Utility

- Petition for the Grant of Patent
Model Application (once)
- Applicant’s Names and Address Payment of Annual
Section 40 (Filing Date - Title of Invention Fees (4 years)
Requirements) - Inventor’s Name Grace Period (6
- Patent Application - Proof of Claim for Convention months)
(Section 32) Priority
- Name & Address of Resident
- Applicant 6 months
Agent
Identification - Signature (Written Request Publication Upon Grant of
- Description (Test of + Payment of
Drawing (Several views of the
Fees)
Patent (within 6 months)
Enabling Disclosure) of features of Invention) (India ink- (Effectivity of Patent)
Invention & 1 or more A4) Observation in
claims Abstract (“Abstract of the Writing as to
Disclosure”) Not more than 150 Patentability
Original copy words 6 months Payment
Claims 30 days of Fees on
(Within 2 months from
Filing Date) time
Publication of
Formality Classification and Substantive
According a Filing Date Patent Grant of Patent
Examination Search Examination
Application Inspection
Prior Art Inspection
Divisional Application (4
months)
According a Priority Date
18 months
Payment of (Confidentiality Before Denial of Patent
Fees Publication)
Not earlier than - Written Request
(Within 1
6 months - Waiver of Confidentiality
month from
Disclosure
Filing Date)
- Without Search Report
Application Number - Payment of Fees
In case of non-payment of fees- Filing Date
Forfeited unless Written Request Name of Applicant
within 4 months Title of Invention
 Appeal to Director
Prior Art Reference- (Within 4 months
Preliminary from Notice of
Refusal) Appeal to the Court Petition for
of Appeals under Review to
Denied Rule 43 Supreme Court

Denial of Patent
by Patent
Examiner Denied
File Notice of
Appeal to the Appeal to the
Quasi-Judicial Director Director General
Function (Within 30 days
from receipt of Immediately Final
Decision) and Executory;
Granted Remand to the
Patent Examiner
Appeal to the Immediately Final
Granted
Director and Executory;
Remand to the
Patent Examiner