Patent Filing Timeline

Step 1 : Provisional/Complete Specification

 

  1. Prior Art Search may be conducted before filing a provisional/complete specification.
  2. If provisional specification is filed with first application, complete specification must be filed within 12 months from the filing date of provisional.
  3. Foreign filing or PCT Application must be done within 12 months from the first filing.
  4. Only complete specification can be filed as Convention or PCT Application.
  5. Marketing or commercialization of the invention can be started just after filing first application.

 

Step 2 : Publication

 

  1. Publication in official journal occurs automatically after 18 months of first filing.
  2. Request for Early Publication can be made in case of any “Strategic Business Requirements”.
  3. Publication is only after filing of complete specification.
  4. After publication, anyone can access the disclosure and other details of the application through government or private patent databases.
  5. Publication can be stopped by expressly withdrawing Application till 15 months from the date of first filing.
  6. PCT and foreign application will be published in respective journals/databases.

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Patent Filing Timeline

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