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7 months ago

Patent Restoration In India: Legal Remedy For Reviving Lapsed Patent Rights

Restoration Timeline Event Timeline Lapse Trigger 6 months post renewal due date (grace period ends) File Form 15 Within 18 months from the date of lapse Journal Publication IPO publishes application; 2-month opposition window Controller’s Decision Post-opposition window or clarification, if needed Illustration:Patent renewal due: 31 March 2024Grace period ends: 30 September 2024Form 15 deadline: 31 March 2026 Step 1: File Form 15 Include statement explaining unintentional lapse Pay Form 15 fee and attach supporting documents Pay all pending renewal fees and surcharges Step 2: Controller's Examination Assesses whether the default was unintentional May seek additional justification or evidence Step 3: Publication in Patent Journal Restoration request is published for transparency Third parties may file opposition within 2 months Step 4: Final Decision If no opposition or objections are resolved, the Controller passes an order restoring the patent Fees for Restoration Restoration involves multiple fee components under the Patents Act and Rules: Applicant Category Electronic Filing Physical Filing Individual / Startup / Small Entity ₹ 2,400 ₹ 2,650 Others (Large Entities) ₹ 12,000 ₹ 13,200 Additional Fee (Section 61(3) & Rule 86(1)) Payable within 1 month of restoration order Applicant Category Electronic Filing Physical Filing Individual / Startup / Small Entity ₹ 4,800 ₹ 5,300 Others (Large Entities) ₹ 24,000 ₹ 26,400 Missed Renewal FeesAll unpaid annuity fees, including surcharges (if filed within the 6-month grace period), must be cleared before or along with the restoration request.
7 months ago

Patent Form 27: Statement Of Working In India

Filing Portal: 👉 https://ipindiaonline.gov.in/epatentfiling Steps: Log in to the e-filing system using your patent agent or applicant credentials Select the appropriate patent from your portfolio Fill out Form 27 with relevant data Upload supporting documents (if required) Sign and submit electronically Form 27 is submitted in electronic form only—no physical submission is accepted.
7 months ago

How To Check The Patent Journal In India

The Indian Patent Office Journal, often referred to simply as the “Patent Journal,” is a legally recognized weekly publication that documents the progress of patent applications and decisions taken by the Patent Office.
7 months ago

Does Ip India Provide An Api?

IP India hasn't formally released an API developer platform or documentation.
7 months ago

Patent Drafting: A Complete Guide For Indian Innovators & Startups

This includes: A detailed description of the invention Claims that define your legal protection Drawings, if necessary Abstract, background, field of invention Details about the best mode of working The document must meet requirements under the Indian Patents Act, 1970 and international standards (like PCT, USPTO, EPO etc., if filing abroad).
7 months ago

Patent E Register In India

Whether you're an inventor, IP counsel, startup founder, or investor, the E-Register is essential for: Verifying a patent’s legal status Checking ownership or assignments Reviewing renewal compliance Confirming enforceability of rights You can also check patent status quickly using:🔗 QuickCompany Patent E-Register Tool What You Can Find in the Patent E-Register Information Description Patent Number Unique number assigned post-grant Title of Invention Name or title of the patented technology Patentee Name Current legal owner(s) Filing & Grant Date Critical for calculating patent term Renewal History Whether the patent is maintained annually Legal Status Granted, Ceased, Expired, or Revoked Assignments Details of ownership transfer (if any) Downloadable Docs Grant certificate, specifications, forms How to Access the Indian Patent E-Register Option 1: Via the Indian Patent Office (InPASS) Visit https://ipindiaservices.gov.in/inpass Click on “Patent E-Register” Enter one of the following: Patent number Application number Patentee name Title of invention View full legal and renewal details Option 2: Use QuickCompany’s Simplified E-Register Tool If you prefer a simplified and fast-tracked search, Visit: 🔗 Quick Company Search Enter patent number or applicant name Get direct access to legal status, expiry, and documents Ideal for startups, investors, and non-lawyers Who Should Use the Patent E-Register?
7 months ago

Pct Application – A Complete Guide

Documents Required for PCT Filing Complete Specification (in English) Abstract (150 words max) Drawings (if any) Form PCT/RO/101 (Request Form) Priority Document (if claiming priority from Indian filing) Cost of Filing a PCT Application Component Estimated Cost (INR) Professional Fee 30,000 – 75,000 WIPO Fee (depends on pages) 1,00,000 – 1,50,000 International Search Fee 50,000 – 1,20,000 Total (Estimate) 2 – 3.5 lakhs Costs may vary based on ISA selected, page count, and whether it's individual/ startup/ small entity.
7 months ago

How To Do A Patent Search In India ?

Step 5: Analyze and Compare Results While reviewing each document: Read the abstract, claims, and drawings Compare with your invention: similar, identical, or different in inventive concept?
7 months ago

Patent Freedom To Operate (Fto): What It Means, Why It Matters & How To Do It

Step 3: Analyze Relevant Patents For each relevant result: Review the claims—especially independent claims Compare with your product's features Check expiration date and jurisdiction Evaluate if you're infringing directly or indirectly ✅ No Risk If your product falls outside the scope of the claims = safe ❌ High Risk If your product overlaps Step 4: Evaluate Legal Status & Ownership Make sure: The patent is still active (not expired or lapsed) You’re targeting the correct country No assignment or licensing makes it complex There’s no ongoing litigation involving the patent Step 5: Document Your FTO Findings Create a formal FTO Report including: List of key patents with risk level (High/Medium/Low) Claim charts comparing patent scope vs product Suggested next steps (license, design around, challenge, etc.)
over 3 years ago

Your Checklist Before Filing Patent Registration

 DOCUMENTS MANDATORY FOR PATENT REGISTRATION IN INDIA: Application form (must be in Duplicate-Form 1).