An application for a patent may be made by a person claiming to be the true and first inventor, an assignee of the first inventor of the invention, the legal representative of a deceased person who immediately before his death was entitled to apply. On the basis of residence or place of business the Application has to be filed at the appropriate office. Documents are to be filed with fees within a prescribed period of time otherwise they will not be considered as submitted.
A patent application will be examined when requested by the applicant and report of such examination is not open to public inspection. Any person can raise an objection within three months from date of publication. There are certain grounds available to any person by way of opposition.
Grounds which can prevent registration are like: Wrongful obtaining, after publishing, public interest etc. Objection raised are to be replied within next thirty days of receiving such objection. It’s a very critical step to qualify because this may stop you from getting your patent registered if not apposite. Majority of patent applications usually receive some type of objections based on examination report. The best thing to do it analyse the examination report with patent professional (patent agent) and then responding to the objections raised in the examination report is the best way out. When the applicant succeeds in satisfying the controller with authenticity, novelty, innovation and all such patentability criteria, the patent will be granted to the applicant.
Our experts in Intellectual Property Laws deal with a huge range of cases beginning from registration to disputes related to the same. To make this technical and critical process easy for you, right here is the team of experts you need to assist you