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ARTICLE · 30 SEPTEMBER 2022

Getting To Grant: Patent Prosecution In India

Patent prosecution is the centerpiece of the process of obtaining a patent. The proceedings during prosecution serve as important legal guidance on the patentability...

IndiaIntellectual Property
Obhan & Associates
Obhan & Associates
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Introduction

Patent prosecution is the centerpiece of the process of obtaining a patent. The proceedings during prosecution serve as important legal guidance on the patentability of the invention, and successful prosecution is key to ensuring that patent rights are protected.

Patent prosecution in India is not merely the interaction between an applicant and the Indian Patent Office (IPO), but it is a test of the legal and technical competencies of an invention.

The first stage involves filing an application, which is followed by its publication by the Patent Office. After this, the application undergoes prosecution which involves examination by the Patent Office, which is generally followed by a hearing before the Controller. For more on patent prosecution and timelines for the same, please see: https://www.obhanandassociates.com/blog/timelines-in-prosecuting-an-indian-patent/

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