In the rapidly evolving world of innovation and intellectual property, securing a patent for your invention is a critical step. However, once you've submitted your application, it's essential to stay updated on its progress. Knowing how to check the patent application status online can provide peace of mind and ensure that you are aware of any necessary actions or updates. This guide will walk you through the easy steps to check the patent application status, focusing on the procedures in India but also providing a general overview applicable to other regions.
Steps to check patent application status online
Checking the status of a patent application online is a straightforward process. Here are the steps to guide you through it:
- Visit the official patent office website: For checking the Indian patent application status, you need to visit the official website of the Indian Patent Office (IPO).
- Navigate to the ‘Application Status’ section: On the IPO homepage, look for the 'Application Status' or 'Patent Information' section. This is usually found under the 'Quick Links' or 'Public Search' categories.
- Select the appropriate option: Within the 'Application Status' section, you will find different options to search for your patent application. Commonly, these options include:
- Application number
- Publication number
- Patent number
- Applicant number
- Title of invention
- Enter the application number: Input the application number you received upon filing your patent. Ensure you enter the correct number to get accurate results.
- Submit the search query: After entering the required details, click on the 'Search' or 'Submit' button. The system will retrieve the current status of your patent application.
- Review the patent application status: The search results will display the status of your patent application. This may include various stages such as:
- Filed
- Published
- Under Examination
- Accepted/Granted
- Opposed
- Rejected
- Withdrawn
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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