Publication of Patent Application
A patent is a legal protection that provides you with novelty for your invention. Patent publication is one of the important steps in the process of patent filing. Publication of your patent application is done in the patent journal and the E-journal issued every Friday.
In accordance with the Indian Patent Act of 1970, the application for filing a patent must be published for public view for a period of 18 months from the date of filling. Every patentee was required by the act to publish their patent application for public review in the nation’s official gazette. Patent Publishing can be done in two ways, one is original and another is early publication. Let’s understand the process thoroughly.
Automatic Publication:
The patent application is automatically published eighteen months after it is filed. Your application has been published in the Patent Office Journal. Automatic publication is a compulsory and mandatory step. The patent office publishes your application in the e-patent journal. The Patent-E journal gets published every Friday.
- The reason behind publishing the patent is to maintain:
- The direction u/s for secrecy is in effect.
- The application has been given up.
Three months before the publication date, the application was withdrawn.
When a confidentiality direction is revoked at the conclusion of the 18-month period for an application that has received one, the application is made public. In addition, applications won’t be made public until a power of attorney is submitted.
Early Publication:
Early publication is one of the easiest ways applicants can reduce their time period. Form 9 must be submitted along with the required fee of Rs. 12,500 for entities other than natural persons or Rs. 2,500 for natural persons in order to request early publication. Within a month of the request date, the application is published when one is made. If the application does not deal with matters that are pertinent to either defence or atomic energy, this request will be taken into consideration. A publication that matches an existing Indian patent application does not prevent an early publication from being made. Any individual is qualified to submit a pre-grant opposition to the application whenever the patent is granted.
Information Published in Patent Journal
Every Friday, the Indian Patent Office publishes the applications in the Patent Office in the Patent Journal so that anyone can object to or oppose the issuance of a patent for an innovation. The Patent Office will publish the following details in the patent journal.
- Application ID
- The filing date
- Date of publication and invention title
- Classification of international patents
- Address and name of the Applicant Inventor’s name
- Date, nation, priority document number, etc.
- references to a patent for an addition or a division, including the parent application’s filing date
- Drawings
- Abstract
- The number of claims submitted
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