Step 3 : Publication of application
Generally, the application is automatically published after 18 months from the filing date. No fees or action is required by inventor. If you don’t want to wait till the expiry of 18 months, An early publication request can be made along with prescribed fees.
If you don’t want to wait till the expiry of 18 months, An early publication request can be made along with prescribed fees.
Rule 24. The period for which an application for patent shall not ordinarily be open to public under sub-section (1) of section 11A shall be eighteen months from the date of filing of application or the date of priority of the application, whichever is earlier. Provided that the period within which the Controller shall publish the application in the journal shall ordinarily be one month from the date of expiry of said period, or one month from the date of request for publication under rule 24A.
Rule 24 A. Request for publication.—A request for publication under sub-section
(2) of section 11A shall be made in Form 9.
The early publication request can be made (optional step) with form 9 and by paying prescribed fess as per table below; in general the patent application is published within a month form request for early publication.
| Responsibilities | ||
| Inventor | optional step of filing early publication request along with Form 9 and Fees. | |
| Patent agent or attorney | optional step of filing early publication request along with Form 9 and Fees. | |
| Patent office | the patent application is automatically published or if requested early publication is done. |
Government forms and fees:
Form 9. Remember, these is no fees for publication of application automatically after 18 months of filing date. The fees mentioned below is for optional step if you want to go for early publication request.
| Individual inventors Natural person(s) or Startup(s) or Small entit(y)/(ies) or educational institution(s) | Other(s) | |
| Request for early publication | 2500 or (USD 30) | 12500 or (USD 150) |
E-filing
| Particulars | Individual inventors Natural person(s) or Startup(s) or Small entit(y)/(ies) or educational institution(s) | Others |
| Application for request for Publication | 2500 or (USD 30) | 12500 or (USD 150) |
Physical Filing
| Particulars | Individual inventors Natural person(s) or Startup(s) or Small entit(y)/(ies) or educational institution(s) | Others |
| Application for request for Publication | 2750 | 13750 |
Refer forms and fees on the government website for patent http://www.ipindia.nic.in/form-and-fees.htm
| Request for Publication | Form 09 (25 KB) |
step 4 : Request for examination (RFE)
- 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.