Patent ExaminationPosted by Mayank Pal on September 16th, 2022 Patent Examination A patent examination is a process in which the examiner examines the patent application of the applicant. This is a crucial step for getting a grant for the patent. The applicant has to apply for the examination of the patent within 48 months from the priority date or from the date of filing of the application, whichever is earlier. The process of patent examination is not an automatic process like the publication of the patent application. As per the Indian Patent Act, the applicant has to file a request to get his patent application examined. In case the applicant fails to apply the request for the examination of the patent application within the prescribed period then that application will be considered abandoned. Ordinarily, after filing the request for the examination by the applicant, the Controller of the Patent is required to refer the application to the examiner within the period of 1 month from the date of filing of the request. Thereafter, the examiner is required to examine the application and is also required to prepare a report within the period of 1-3 months. The examiner of patents is required to prepare an examination report based on various patentability criteria such as:
The request for examination of the patent application can be filed by either the applicant himself or by any other interested party. The request has to be filed by filing Form-18 which has to...................click here to read full article. Like it? Share it! More by this author |