Step 7 : Grant of patent
The grant of a patent refers to the official issuance of a patent by the patent office, providing legal protection and exclusive rights to the inventor. It signifies the recognition of the invention’s novelty, inventiveness, and industrial applicability, allowing the patentee to exclude others from making, using, or selling the patented invention without permission.
The application would be placed in order for a grant once it is found to be meeting all patentability requirements. The patent is granted to you (inventor) / applicant as soon as possible with the seal form the patent office and it is notified in the patent journal which is published from time to time.
| Responsibilities | ||
| Inventor |  | patent is granted to you. As per section 48 you get right to exclude others from using, selling offering for sale, importing your patented invention |
| Patent agent or attorney |  | Inform inventor about procedures, renewals and communication to patent office after patent granted |
| Patent office |  | grant or rejection the patent based on response to objections raised. Notify grant of patent in patent journal. |
Pre grant and Post grant opposition
The Pre-Grant opposition can be filed by any person who wants to oppose the invention disclosed in our patent application. There are no fees applicable for filing pre-grant opposition.
Post-grant opposition may be filed at any time after the grant of patent within one year from the date of publication of the patent. any person interested in field of the invention can file.
it is filed in the prescribed form 7 along with prescribed fees of Rs. 2400 or ( USD 29 ) for natural person, and 12,000 or ( USD 144 ) for others.
E-filing
| Particulars | Individual inventors Natural person(s) or Startup(s) or Small entit(y)/(ies) or educational institution(s) | Others |
| Notice of Opposition (Post-grant opposition) | 2400 or ( USD 29 ) | 12000 or ( USD 144 ) |
Physical Filing
| Particulars | Individual inventors Natural person(s) or Startup(s) or Small entit(y)/(ies) or educational institution(s) | Others |
| Notice of Opposition (Post-grant opposition) | 2640 | 13200 |
Patent renewal
After the grant of patent, you need to maintain the patent in force or alive by paying renewal fee every year as prescribed in the schedule I. For first two years, there is no renewal fee. The renewal fee is payable from 3rd year onwards. In case the renewal fee is not paid the patent will be cease.
http://www.ipindia.nic.in/writereaddata/Portal/IPOFormUpload/1_11_1/Fees.pdf
Again to summarize all the steps :
- Complete Steps and flow chart from Idea to granted patent
- Step 1 : from idea to invention disclosure
- step 2 : Filing patent application
- step 3 : Publication of application
- step 4 : Request for examination (RFE)
- step 5 : Examination of application
- step 6 : Response to objections or First Examination Report
- Step 7 : Grant of patent
- Indian Patent Office, Govt. of India
- Patent Facilitator for Start-ups, Startup India Govt. of India
- Bachelor’s degree in Electronics and Telecommunication engineering.
- Author of multiple books on Patents and IPR including a best-selling book on “How to patent an idea in India” which has been selected as the “Memorable Business Book of 2018” by Amazon
- Books are included in the syllabus of Educational Institutions as textbook and reference book on subject of IPR and Patents
- For over 15 years, Prasad has helped protect the intellectual property rights (IPR) of more than 1800 clients, including individuals, entrepreneurs, and educational institutes. This includes patents, trademarks, designs, and copyrights.