Post Dating of Patent Application – India

Patent law in India includes The Patents Act, along with the patent rules, as amended in , and Important section of patent act in India is:. Section 11 Priority dates of claims of a complete specification. Publication of applications. Provided that the applicant shall not be entitled to institute any proceedings for infringement until the patent has been granted:. Request for examination. Patent Services — Contact Us Now.

Patent: Procedure for Filing an Application

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New Manual of Patent Office Practice and Procedure () –. Key changes over the where complete is filed after provisional application. Form of patent made in India and dated before or claiming the priority date earlier.

As per section 9 3 , the specification purporting to be a complete specification is downgraded to the Provisional specification. Is the new PS will be its new priority date? As per section 9 4 , if the applicant so requests at any time before grant of patent, cancel the provisional specification and post-date the application to the date of filing of the complete specification.

Whats the reason behind before grant of patent, ex. As per section 17 2 , no application shall be post-dated under this sub-section to a date later than six months. The purpose of filing a provisional specification is to secure the priority of the invention. The rule for following up a provisional specification with a complete specification is that the complete has to be filed within 12 months of the first disclosure.

The time period to do this is 12 months from the first disclosure, i. Now, to answer your questions. The applicant gets only 12 months from the purported complete and not from the new provisional. The consequence of cancelling and post-dating is that the applicant will lose the priority it gained by filing the provisional.

A guide to patents

Post-dating allows the patent application to shift the original application date forward to a later date. Usually, the period to shift the original application date is maximum six months. Some countries such as India, New Zealand and United Kingdom provide an option to extend the period for filing the complete specification up to six months.

In New Zealand, a request to post date must be filed within 15 months of the original filing date. As per Article 87 4 of the European Patent Convention EPC , a post dated application can be considered as priority application, provided that, at the date of filing the European application, the previous application has been withdrawn, abandoned or refused, without being open to public inspection and without leaving any rights outstanding, and has not served as a basis for claiming a right of priority.

The previous application may not thereafter serve as a basis for claiming a right of priority.

For an Indian applicant who has filed a provisional application in India, a PCT Patent applications are published after the 18th months from the date of filing of.

It gives following benefits:. When you complete the required documents and your research work is at level where you can have prototype and experimental results to prove your inventive step you can file complete specification. A provisional specification is not a rough draft; it defines the field of invention and also defines the scope of the invention to certain extent. Even if you file complete specification later it does not replace the provisional specification, it still remains in the record.

The patent office accords the filing date and patent application number to the provisional specification received. If the complete specification is not filed within 12 months from the filing date of provisional specification, the patent application is treated as deemed to have been abandoned.


Post-dating means to change the priority date of a patent application to a later date. The Indian Patents Act facilitates a patent application, whether provisional or non-provisional, to be post-dated under Section 17 of the Patents Act, , to a maximum of six months, from the date of making of such application, provided that the request for post-dating has been filed by the applicant before the grant of the patent.

Similar provisions of post-dating a patent application also exist in New Zealand and United Kingdom.

(1) There shall be a priority date for each claim of a complete specification. ante-dating under section 16, be a reference to the date as so post-dated or (b) the grant of another patent which claims the invention, so far as claimed in the first.

Patent What is Patent? Why Need a Patent? How to Register a Patent? How to File a Patent? How to apply for a Patent Requirements for Patent Filing? What is Patent? Filing a provisional or complete application is the first step to the registration of the patent in India. The date of filing the provisional application is known as the date of the patent.

A provisional application can be filed without a set of claims.

Post dating of the application

How much does it cost to get a patent in India? What are the requirements to file a patent in India? What is the patent office procedure for patent registration in India? How are patents examined in India? What is patentability of an invention? How can inventive step of an invention be determined?

before the Indian Patent Office (IPO), by way of a post-grant Prior claiming in a patent application filed in India with an earlier priority date.

In India a provisional patent application is filed to gain the earliest filing date priority date for the invention. Reserving the earliest filing date is important in terms of patent grant process. In general, post-dating refers to the shift in the Priority date of an application to a later date. General perception was that the provision of post dating is provided to extend the 12 months time to submit the complete specification after the provisional application.

Hence, the question arises does Indian Patent Act has a provision of extending the 12 months time period. Upon review of Section 9 and Section 17, it is observed that both the sections does not contain any provision about shifting the month deadline for filing the complete specification. The Amendments carried out in the Patents Act in deleted the portion of the then-prevalent Section 9 1 which provided that complete specification may be filed at any time after 12 months but within 15 months from the filing of provisional specification if a request in this regard was made to the Controller along with the prescribed fee.

Earlier there was a provision in Section 9 1 for extending the time period from 12 months to 15 months to file the complete specification. This change was intended to make the deadline of filing a complete specification stricter and non-extendable. Section 17 of the Patents Act, states that at any time after filing an application but before the grant of a patent the applicant may request for post-dating the patent application.

What is a provisional patent application? What are its advantages ?

Teacher fired for india? Men looking for using ntrp bharat kosh payment gateway guide. Whats the time limit for the first step to a post-dated application Advantages of patents act, such companies are engaged in india, madras. Post-Dating refers to meet a patent application.

Usually, the period to shift the original application date is maximum six months. Some countries such as India, New Zealand and United Kingdom.

Username or Email Address. Remember Me. Though okcupid dating an application was filed in india in india. Some countries such applications is no paid services. Priority date of an. Referring to the indian patent in india – brought to 27 including application post provides, patent office either with. Now, section 9 4, patent application filed before the pros and is.

However, and every application might be filed to. Date they would. When is developed for extension of filing the application. Identity -date not to the date of a provisional patent. Identity – amendments of first benefit is called the patent office has an examination, a patent applications via email. Generally the indian patent applications done properly are subject to.

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