There are four patent offices, among which Kolkata is the head office of the patent in India. The following table shows the geographical locations under the respective offices:
Office
Territorial Jurisdiction
Mumbai
Madhya Pradesh,
Maharashtra,
Goa, Gujarat and
Chhattisgarh
Daman and Diu (Union Territories)
Dadra and Nagar Haveli (Union Territories)
Chennai
Andhra Pradesh,
Karnataka,
Kerala,
Tamil Nadu,
Telangana
Pondicherry (Union Territories)
Lakshadweep (Union Territories)
New Delhi
Haryana
Himachal Pradesh
Punjab
Rajasthan
Uttar Pradesh,
Uttarakhand,
Delhi and
Chandigarh (Union Territories)
Jammu and Kashmir (Union Territories)
Ladakh (Union Territories)
Kolkata (patent head office in India)
The rest of India
The Indian Patent Office is accountable for assisting the Indian law of patents, and its functions include patent management, patent term, and patent restoration, among other things. There are four patent office in India, situated in different cities, i.e., Chennai, Delhi, Kolkata, and Mumbai. These four offices cover the geographical length and breadth of the whole country.
A patent application in India must be submitted before the Patent Office has proper jurisdiction. The jurisdiction of the appropriate office is decided on one of three measures, as follows:
It must remark that the jurisdiction of the patent office for administrative and prosecutorial actions about a patent is different from the jurisdiction of the courts to enforce a patent and file infringement suits. The jurisdiction for initiating an infringement suit is specified by the prerequisites laid down under Section 104 of the Indian Patents Act, 1970, and Section 20 of the Civil Procedure Code, 1908.
Following Section 20 of the Civil Procedure Code, 1908, the reason of motion arises entirely or in part or at the court within the regional limits of which the defendant lives, carry on trade, or works as an employee or agent. Individually, Patent Office findings may be appealed before the relevant High Court. The jurisdiction of the High Court is selected based on the Patent Office, where the patent application is filed.
Step 1 – Patentability of the invention Before starting the patent registration process, it is necessary to know if the invention is patentable. Searching for patentability clarifies whether there is a possibility of getting a patent.
Step 2 – Drafting the patent application The applicant can choose the kind of application they wish to file a provisional and complete patent application, depending on the invention stage. There are 12 months to finish the invention and submit a complete patent.
Step 3 – Filing the patent application Requires to be introduced with several application forms. As per India's patent filing process, you are required to submit all of the below-mentioned conditions. Links to all forms and an application fee.
Step 4 – Publication of the patent application After securing safely by the Indian Patent Office, the patent is published in an official patent journal after 18 months approximately.
Choosing the right Patent Office requires to be evaluated at the time of applying. Nevertheless, after an application for a patent is filed, it is passed over for review to one of the four Patent Offices established on a centralized approach of assignment. This Patent Office may be different from the one where the application was filed. The applicant has no authority over which Patent Office its application will be allocated to for review. However, since basically all hearings before the Controller are virtual since the COVID 19 affected the world, the review of an application by a distinct patent office will not increase prosecution expenses.
An applicant can't request to move the application for review to another Patent Office once it is allocated. In other words, there is no extent for the applicant to desire a particular Patent Office for examination or for an application to be moved to another Patent Office after submission.