Acquisition of Patent Rights (Intellectual Property Rights)-

TANMOY MUKHERJI INSTITUTE OF JURIDICAL SCIENCE

Dr. Tanmoy Mukherji

Advocate

Acquisition of Patent Rights (Intellectual Property Rights)-

Tanmoy Mukherji

Advocate

Patent rights are acquired through registration.

Stage -1-Invention-

Inventor conceives a new invention.

Stage -2- Prior Art Search-

Stage – 3- Filing of application-

Stage – 4- Publication-

Application published after 18 months.

Stage-5 - Request for examination-

Stage-6-First Examination Report (FER)-

→Controller raises objections.

→Applicant must remove defects.

Stage-7- Opposition-

→Sec 25(1) -Pre-grant opposition

→Sec 25(2) -Post-grant opposition

Stage-8 - Grant of Patent-

→Controller grants patent.

→Patent entered in Register of Patents.

Stage-9 - Renewal-

→Annual renewal fees must be paid.