LAWASSA

Land, Air, and Water Sustainable Solutions for Action

LAWASSA Pattent Process

In India, patents are registered by the Office of the Controller General of Patents, Designs and Trade Marks (CGPDTM), which operates under the Department for Promotion of Industry and Internal Trade (DPIIT), Ministry of Commerce and Industry. The CGPDTM is responsible for administering patents, trademarks, industrial designs, and geographical indications in India. Specifically, patent applications are handled by the Indian Patent Office (IPO), with branch offices in Delhi, Mumbai, Chennai, and Kolkata.

Indian Patent Registration Process

  1. Filing: An application is filed at the IPO, which includes a complete specification of the invention.
  2. Publication: The application is published after 18 months unless an early publication request is made.
  3. Examination: A request for examination is filed, after which the application undergoes a thorough examination.
  4. Grant: If the application meets all requirements, a patent is granted.

Global Patent Authorities

Globally, patents are registered in different jurisdictions, each with its own authority. There is no single “global patent”; however, there are ways to seek protection in multiple countries. Here are the main organizations:

  1. World Intellectual Property Organization (WIPO): Facilitates the Patent Cooperation Treaty (PCT), which allows an applicant to file a single international application to seek patent protection in multiple countries. While WIPO does not grant patents, the PCT streamlines the initial filing and examination processes.
  2. European Patent Office (EPO): Grants patents in European countries through a single application via the European Patent Convention (EPC). Once granted, a European patent must be validated in each designated country where protection is sought.
  3. United States Patent and Trademark Office (USPTO): Responsible for granting patents in the United States.
  4. Other National Patent Offices: Each country typically has its own patent authority, such as the Japan Patent Office (JPO) in Japan or the China National Intellectual Property Administration (CNIPA) in China.

For multinational patent protection, inventors commonly file via the PCT, selecting countries where they want the protection to take effect.