Types of Indian patent application status
Indian patent application statuses provide insights into the progress and current stage of a patent application. Understanding these statuses is crucial for applicants to track their applications, respond to necessary actions, and ensure compliance with patent regulations. Here are the key types of patent application statuses.
1. Application does not exist
When checking the status of a patent application, if it shows 'Application does not exist,' it means the application number entered is invalid or incorrect. This could occur due to typographical errors or the submission of an unregistered application number. Verify the number and recheck or contact the patent office for clarification.
2. Application published
Application published' status indicates that the patent application has been published in the official patent journal. This occurs 18 months after the filing date, making the details publicly available. The publication is a crucial step in the patent process, allowing public inspection and potential opposition before examination.
3. Application awaiting exam
When a patent application status shows 'Application awaiting exam,' it means the application has been published and is now in the queue for examination. The patent office will review the application to ensure it meets all legal requirements and assess its novelty and inventive steps before granting or rejecting the patent.
4. First Examination Report (FER) issued/application examined
The First Examination Report (FER) is issued after the patent application is reviewed. It details any objections or requirements that must be addressed for the application to proceed. Applicants must respond to the FER within a specified period to avoid the application being deemed abandoned.
5. Application in amended stage
This patent application status appears when you have responded to the examination report or when a hearing is ongoing. It indicates that changes or updates have been made to the Indian patent application.
6. Patent application status abandoned
An application is marked as abandoned if the applicant fails to respond to the First Examination Report (FER) or other office actions within the stipulated time. This status indicates that the patent process has been halted, and the application will not proceed to grant unless revived.
7. Application refused u/s 15
An application is refused under Section 15 if the Controller finds that the invention does not meet the patentability criteria, such as novelty, inventive step, or industrial applicability. The refusal is based on a thorough examination and the applicant has the right to appeal this decision.
8. Withdrawn U/R 26
An application is marked as 'Withdrawn U/R 26' when the applicant voluntarily withdraws their patent application under Rule 26 of the Indian Patent Rules. This can be done at any stage before the grant of the patent, often to avoid publication or examination costs.
9. Deemed to be withdrawn
An application is 'Deemed to be withdrawn' when the applicant does not comply with specific requirements within the prescribed time frame, such as not requesting an examination within 48 months of the filing date. This status indicates that the application is no longer active and will not proceed.
10. Granted
When a patent application status shows 'Granted,' it means the patent has been approved and officially issued by the patent office. The applicant now holds exclusive rights to their invention, allowing them to prevent others from making, using, or selling the patented invention without permission.
Understanding the various types of Indian patent application statuses is essential for effectively managing the patent process. Keeping track of these statuses ensures timely actions and compliance with regulations, ultimately leading to successful patent grants.
Common issues and delays in patent status updates
Updates on Indian patent application status can sometimes be delayed or face unexpected issues. Being aware of common problems helps you address them promptly and keep your application on track. Here’s a breakdown of typical issues:
Delay in Publication or Examination
Patent applications may face delays in publication or examination due to a high volume of pending applications and administrative backlogs at the Indian Patent Office. By default, applications are published 18 months after filing unless early publication is requested using Form 9. Examination begins only after submitting the Request for Examination (RFE) and being placed in the queue. Delays can also occur due to examination backlogs. To minimise delays, applicants can opt for early publication, regularly check their application status, and follow up with the patent office when necessary.
Objections and Non-Compliance
Most patent applications receive objections in the First Examination Report (FER), which can delay processing if not handled correctly. Common objections include lack of novelty, insufficient disclosure, vague claims, or errors in documentation. Applicants should review the FER carefully, consult a patent attorney, and submit a clear, well-organised response with the required amendments. Accurate and timely responses increase the chances of approval and reduce delays.
Abandonment Due to Missed Deadlines
A patent application can be abandoned if deadlines are missed—for example, filing Form 18 (RFE) within 48 months of filing or replying to the FER within six months (extendable by three months with Form 4). Missing these deadlines results in automatic abandonment, meaning the application is no longer eligible for a patent. To avoid this, track key dates, set reminders, and respond or request extensions on time. Extensions must be requested within the allowed period to prevent abandonment.
How to resolve patent status issues
Indian patent application issues can usually be resolved by identifying the cause and taking the right action. Here are some practical tips to address common problems and keep your application on track:
Responding to FER Objections
When a First Examination Report (FER) is issued, the applicant has six months (extendable by three months with Form 4) to reply with a legal response addressing the objections. The reply should include necessary amendments, clarifications, and supporting documents to meet patentability requirements. Common objections include lack of novelty, insufficient disclosure, or unclear claims. Engaging a patent attorney or agent can greatly improve the chances of overcoming objections successfully and ensures the response is well-organised.
Filing Appeals for Rejections
If a patent is refused under Section 15, the applicant can appeal to the Intellectual Property Appellate Board (IPAB) by submitting Form 19, along with supporting arguments and evidence showing how the invention meets patentability criteria. A hearing before the Patent Controller can also be requested. A successful appeal may reverse the refusal and allow the application to proceed. Professional guidance from a patent expert increases the likelihood of a favourable outcome.
Getting Help from the Patent Office
For delays, errors, or unclear status updates, applicants can contact the Indian Patent Office directly or via a registered patent agent. Communication can be made through email, helplines, or in-person visits to the relevant office branch. If clarification is needed, a written request to the Patent Controller can help resolve issues quickly. Using a registered patent agent ensures that all queries and procedural matters are handled professionally, avoiding further delays.
Explore Bajaj Finserv Business Loan
For businesses looking to leverage their patented innovations, securing a business loan can provide the necessary capital for further development and commercialisation. Here are a few compelling reasons to opt for a business loan from Bajaj Finance:
- Personalised solutions: Recognizing the distinct needs of every business, our loans are customized to suit your specific requirements, whether for expansion, working capital, or technological upgrades.
- Extended repayment tenure: Benefit from extended repayment periods, allowing you to focus on business growth without the pressure of rigid payment schedules.
- Swift approval process: Benefit from our streamlined business loan application process and rapid approval, ensuring prompt access to funds during critical moments.
- Competitive interest rates: Benefit from our competitive business loan interest rates, guaranteeing the most favourable terms possible to minimise expenses and maximise profits.
Don't let financial constraints hinder your business goals. Apply for a Bajaj Finserv Business Loan today and turn your vision into reality.
Helpful resources and tips for business loan borrowers
