Step 8: Grant of patent / Notice of Allowance
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.
As a result of the examination, the examiner will make a decision to grant a patent as the final assessment of the examination stage if no reasons for refusal have been found.
The examiner will also make the same decision if the reasons for refusal have been eliminated by an argument or amendment.
If the examiner determines that your application is in satisfactory condition and meets the requirements, you will receive a Notice of Allowance. The notice of allowance will list the issue fee also called registration fees and may also include the publication fee that must be paid prior to the Patent being issued. The patent grant is mailed on the issue date of the patent.
As a result of the examination, the examiner will make a decision to grant a patent as the final assessment of the examination stage if no reasons for refusal have been found. The examiner will also make the same decision if the reasons for refusal have been eliminated by an argument or amendment.
Provided that the applicant pays the patent fee, once the decision to grant a patent has been made the patent right will come into effect as it is entered in the Patent Register. At the same time, the invention acquires a patent number. After a patent is registered, a certificate of patent will be sent to the applicant.
Publication of Patent Gazette : The contents of the patent right entered in the Register will be published in the Patent Gazette.
Annual fee / Registration fee
| Fees | |
|---|---|
| 1-3rd year: annually, | ¥1,500 + ¥1,000 per claim |
| 4-6th year: annually, | ¥4,800 + ¥2,900 per claim |
| 7-9th year: annually, | ¥14,300 + ¥8,800 per claim |
| 10-25th year: annually, | ¥47,500 + ¥29,600 per claim |
| Grant of patent | Responsibilities | |
| Inventor |  | Patent is granted to you. By paying issue fee you get right to exclude others from using, selling offering for sale, importing your patented invention |
| Patent agent or attorney |  | Inform inventor / applicant about procedures, renewals and communication to JPO after grant of patent |
| Patent office |  | Grant the patent for invention or reject the patent based on response to objections raised. Giving Notice of Allowance |
refer to the section about patent maintenance fees on JPO link here
- 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.