Published On: Apr 18, 2023 • Last Updated: Apr 18, 2023 • 6.2 min read •
Patent is an intellectual property that gives the owner of an innovation the exclusive right to produce, use and sell any innovative product/service. However, this benefit is only applicable if you have received the grant of a patent by the government. This is done by following the patent registration process. The timeline for patent filing cannot be a fixed term, it usually depends on the type of innovation and how the examination of patent application goes. In such a scenario, it is very important for the applicant to keep a check on the patent application status, which will help you understand how much longer it will take for your patent to be granted. If you opt for legalwiz.in experts to get patent filing in India, you will have nothing to worry about! We will give you all updates – as soon as we get them!
How to check patent application status?
In 2015, the government of India introduced the Indian Patent Advanced Search System (inPASS), which allows users to check the Indian patent application status. The inPASS replaces the iPAIRS (Indian Patent Information Retrieval System) and lets users access the status in an easy manner.
There are two ways to check an Indian patent application status after patent filing is complete. Namely:
Check patent application status after filing patent application;
Check Indian patent status after the application is published or granted.
As you must have seen from the registration process, there are multiple stages after filing the application. So, there are two different methods of checking the patent status, which are discussed below in detail.
Check patent application status after filing patent application
This method is applicable when you have already submitted your provisional patent application. However, the application is yet to be published in the journal or receive the grant. All you need to do to check patent application status is:
Visit the portal to check patent application status by clicking here.
All you need to do is enter the application number, as per the receipt generated while you submitted your patent application. Then, enter the captcha code as shown on the screen. Lastly, click on ‘show status’.
As you can see, Indian patent status will be disclosed in this manner. Here, the application is still not published in the patent journal.
Check Indian patent status after the application is published or granted
Once you file the complete specification for your patent application, and your application is either published in the journal or granted. You get to use the inPASS to check the patent application status. Follow the below mentioned steps to check the patent status:
Click here to access the online Indian patent search portal.
You can see here, that in this method of getting the patent application status, there are a lot of options available, such as search through title, applicant name, the date of application, date of publishing, the application number, etc. You can conduct the search, even if you only have the application number. Further, this search is also available for other types of patent applications, such as the ones filed under the Patent Cooperation Treaty (PCT). You need to fill the captcha code at the end of the page and click on ‘search’.
As you click on search, the screen with details of application will be displayed. Here, clicking on ‘application status’ will lead you to the patent application status.
The next step will show you all the details of said patent application status. You can also check out the documents submitted, and court orders, if any related to the application. Now that we know how to check patent application status, it is also important for us to understand the meaning of different types of patent status.
Types of Indian patent application status
There are many benefits of patent registration. This results in an increasing number of patent application filing in India each year. Further, the patent application status may also differ based on either the provisional patent or complete patent application. Hence, it is important for every owner of a patent application to keep a check on the patent application status. The following are different types of Indian patent status:
Application does not exist
When you have filed the application, but the patent status is this, it means that 18 months since the date of filing have not passed. After 18 months of filing an application, the authorities publish it in the patent journal.
Once 18 months of submitting the complete specification, i.e., the permanent patent pass, the patent application status changes to ‘application published’. This means that the Indian Patent Office (IPO) will publish it in the journal.
Application awaiting exam
This patent status denotes that the applicant has filed for the ‘Request for Examination’. Here, the examiner will scrutinise your application.
First Examination Report (FER) issued/Application examined
After the examiner scrutinises your application, they issue a FER. Here, as an applicant you will have to submit the reply to the examination report within six months. If you fail to reply, the authorities will abandon your application.
Application in amended stage
This patent application status is applicable when you have submitted the reply to the examination report or the hearing is in process. It denotes that there are amendments to the Indian patent application status.
Patent application status abandoned
There are multiple circumstances which lead to the abandonment status of patent application, such as:
Under section 9(1)
The Patent Act governs the entire patent process in India. Applicants who file a provisional application need to submit the complete specification within one year. However, your application will abandon if you fail to submit the same.
Under section 21(1)
After the FER is issued, and the applicant has submitted the reply, they need to submit a patent application for grant. If you fail to complete this step in 6 months, they will abandon your application.
Application Refused u/s 15
Upon examination if the examiner feels that the application is not eligible to grant a patent, they refuse it under section 15. Once refused, the patent application status cannot be changed.
Withdrawn U/R 26
At times, applicants apply for voluntary withdrawal. In such cases, this patent status is applicable.
Deemed to be withdrawn
When a request for examination is not filed by an applicant within 48 months of filing a patent application, the patent status turns to ‘deemed to be withdrawn’.
The final patent status, that will give you access to all your exclusive patent rights! When you receive a grant of patent, it means that the patent application is clear from all objections.
From the patent status given above, it is pretty clear that while filing for a patent grant, the applicant needs to be proactive in managing the timeline. Even if one step of the filing process is missed, the application gets ‘abandoned’. However, since you’re here you don’t have to worry one bit! Once you file a patent application in India with LegalWiz.in experts, you will get all timely updates!
As a writer, Diksha aims to make complex legal subjects easier to comprehend for all. As a Lawyer, she assists startups with their legal and IPR drafting requirements. To understand and further spread awareness about the startup ecosystem is her motto.