National Phase of PCT application in India has to be filed within 31 months from the earliest priority date
Verified English translation of the PCT specification and Verified English translation of Priority document along with a certified copy of Priority document (in the absence of the form PCT/IB/304) is required to be filed within 31 months from the earliest priority date.
Request for Examination has to be filed within 31 months from the earliest priority date
Power of Authority has to be filed Within 3 months from the Indian application date
Proof of Right/Assignment has to be filed within 6 months from the Indian application date
First updated Form 3 under Section 8 (1) has to be filed within 6 months from the Indian application date
A patent application is published in the Official Gazette within 18 months of the date of filing the application in India or the priority date whichever is earlier and is open to the public for Pre-grant Opposition by any third party
Any third party may file a Notice of Pre-grant Opposition any time from the 18 month publication date till the date of grant of patent
The First Examination Report is expected to be issued by the Patent Office within 24 months of filing a request for examination
Next updated Form 3 under Section 8 (1) has to be filed within 3 months from the date of issuance of the First Examination Report (F.E.R.)
A Response to the First Examination Report (F.E.R.) has to be filed within 6 months from the date of issuance of the F.E.R to overcome the objections raised in the F.E.R. OR a request for Extension upto 3 months has be filed before expiry of the due date of filing a Response to the F.E.R. and a response filed within the 3 months extended period
After filing a Response to the F.E.R., if there are no outstanding issues/objections/requirements from the Patent Office the application directly proceeds to Grant
If the Controller of Patents is NOT satisfied with the response filed to the F.E.R., a Hearing Notice is issued by the Patent Office listing the outstanding issues/objections/requirements
Hearing, if appointed, has to be attended to overcome the outstanding objections on the date scheduled in the Hearing Notice OR a request for Adjournment has to be filed 3 days before the Hearing date ( maximum 2 adjournments are allowed) and attended on the re-scheduled date
A Written Note of Arguments has to be filed within 15 days of attending the Hearing
After submission of the Written Arguments, the patent application is either Granted or Refused by the Patent Office
A Review Petition can be filed within 1 month from the date of the Decision of Refusal by the Patent Office or an Appeal can be filed in the High Court within 3 months from the date of Decision of Refusal
Accumulated Annuities have to be paid within 3 months of the date of grant or within the 6 months extended period along with applicable extension fees
Notice of Post-grant Opposition may be filed by an interested third party within 1 year from the date of post grant publication
