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Chapter-1: Introduction
1. This manual has been compiled with an intention to codify the practices and procedures being
followed by the Indian Patent Office and the same is intended to serve as a procedural guide
for practitioners and other users of the Indian Patent System.
2. Indian Patent Office functions from four locations viz. Delhi, Mumbai, Kolkata and Chennai
with defined areas of territorial jurisdiction. Introduction of office automation and electronic
processing of patent applications has resulted in uniformity and transparency in functioning of
the office. A complete file wrapper in respect of published patent applications including,
information related to publication, examination reports, status of application, amendments,
grant, opposition, renewal and decisions of controllers as well as legal status of patents in the
form of electronic Patent Register, has been made available to the public. This manual is
expected to bring in further transparency and uniformity in patent office practices. .
3. Processing of patent applications is a multi-stage process, involving filing of an application,
electronic data processing, screening and classification, publication, examination, hearing if
required, pre-grant opposition and grant/refusal.
4. This manual is intended to spell out patent office practices and procedure and bridge any
information gap that may be currently existing in this regard. It is not intended to be the
interpretation of the Indian Patents Act and Rules made thereunder.
5. The procedure for filing patent application and its processing up to grant/refusal,
maintenance etc. is explained in the following chapters except infringement proceedings.
Certain matters like exceptions to the rights of patentee, Government use, compulsory
licensing, etc. have also been included.
6. Some of the key definitions have been explained in Chapter-2.
7. Chapters 3 to 8 relate to the procedure for filing of patent applications including ordinary and
PCT national phase applications, convention and PCT international applications, patent of
addition, divisional application and functioning of Indian Patent Office as ISA/IPEA.
8. Chapters 9 to11 relate to examination, grant, pre-grant and post-grant oppositions.
9. Chapters 12 to 14 relate to the post-grant procedures such as maintenance of patent, appeal,
revocation, compulsory licensing and use of patents for the purpose of Government.
10. Chapters 15 to 21 relate to Patent Agents, offences and penalties, general powers of Controller,
general services, scientific advisors and miscellaneous provisions.
11. Time lines prescribed under the Act and Rules have been dealt with separately in Chapter 22.
12. The officers, appointed under section 73 (2) of the Act having delegated statutory powers, have