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340 Economic Survey 2021-22

Box 4: Patent application procedure in India

Actual time taken
Application stages Prescribed time limit
and issue

Once the patent application is filed, a request for examination can be filed anytime within 48
months from the date of filing, although it is usually filed along with the application.

1. Publication: Once the 18 months 18 months from the date of
application has been filed, it The reason for granting filing.
is published by the Controller. this amount of time is to

allow the applicant time to
withdraw it.

2. Reference to an Examiner: 1 month from the date of
Examiners are officers publication.
appointed by the Controller
to conduct a formal as well as The entire process usually
a substantive examination of takes 12 months.
the invention.
Delays occur at the stage of
3. First Examination Report: 3-5 months appointment of the examiner.
The examiner must submit The Examiner must This is primarily due to the
an examination report to the submit the FER to the lack of examiners qualified to
Controller, after which the Controller within 1-3 examine patents in different
First Examination Report months from the date of sectors, thereby creating a
(FER) is issued by the receipt. The Controller backlog.
Controller to the applicant. must then issue the FER
to the applicant within 2
months.

After the FER has been issued, the applicant has 6 months to provide its responses.to the Controller.

4. Hearing: Controller must No time limit has been The hearing is usually
notify and conduct a hearing prescribed for the completed within 6-9 months
to determine the validity of completion of this step from the date of receiving
responses to the FER and any responses to the FER.
outstanding objections which
may not have been adequately
addressed by the applicant.
After the hearing, the applicant must submit written submissions and the relevant documents
(including any additional information, explanations, evidence and amendments required pursuant to
the hearing) within fifteen days from the date of hearing.