Patent

Fee Structure

Filing Request for Examination
Total : 3000/- INR


Filing a Request for Examination

A patent is an exclusive right granted to an inventor for an invention that protects the inventor against any unauthorized use of such a patent, the patent is mostly granted for a period of 20 years and the patent holder can take legal action against any unauthorized use of such patent.The patent holder has the right to grant an exclusive or non-exclusive license to use the patent to anyone for a specific period, the patent holder shall receive consideration for the license. The licensee’s rights to use the patent shall be limited and the licensee shall pay a royalty to the patent holder out of the profit made by use of such patent.

Therefore, we can say a patent is basically the granting of protection to an invention, which is a means of doing something new or providing a new technical solution to a problem. However, there are some inventions that might not get patents such as discoveries, mathematical methods, commercial methods, plants and animal varieties, scientific theories, etc. Also, methods, surgeries, and treatments that are done on humans and animals do not get patented in some nations.

A request for examination is required to be filed by the applicant so that the application is taken up for examination. The request may be filed at the time of filing of the application or subsequently within 48 months from the earliest priority date. If the request for examination is not filed within the said time limit, the application is irrevocably terminated. Also, an examination report is issued by the Indian patent office. The examination report is also called a first examination report (FER). The examination report contains a list of objections raised by an examiner of the Indian patent office. The objections are both technical and formal. The applicant has to file a response to the examination report within twelve months of issuance of the first examination report.

Process of examination:

  • An application is taken up for examination, only after it has been published and a request for examination has been filed.
  • Additionally, in the case of a national phase application, the application will be taken up for examination only after the expiry of the 31 months period from the priority date.
  • Once examination begins, the Controller issues a First Examination Report (FER), a response to which is required to be submitted within 6 months from the date of issuance of FER.
  • An extension of 3 months is available to submit the response. Failure to submit the response within the said time limit shall result in abandonment of the application.
  • The Indian Patent Office typically offers a hearing to the applicant after the response to the FER has been filed, to address any pending objections. It is therefore advisable to file the response to the FER at the earliest so as to leave sufficient time for such a hearing.
  • Once all objections have been addressed, the application is placed in order for a grant.

Who can file the Request for Examination?

  • The patent applicant of the patent application 
  • By any other interested person.
  • A Request of Examination is filed by filing Form 18.
  • The interested has to submit appropriate evidence of his interest in the particular patent application.
  • Form-18 has to be filed, specifying the details of the patent applicant or other interested people, application number, title, date of filing, and publication date along with the prescribed fees.

Service Inclusions

Professional Fees

Service Exclusions

GST, Government Fee, and other Additional Taxes

Process followed by White Code Legal:

  1. The Client have to register themselves on our website.
  2. Once the Client is registered, we raise a Service Request.
  3. The Client receives a proforma invoice with an option to confirm and pay now or pay later
  4. Once the Client confirms, our dedicated relationship manager liaisons with our experts and clients share a list of client information required to deliver the service.
  5. Once we receive the information, we take the required steps to deliver the service and the service request is closed.

Why White Code Legal?

At White Code Legal we prioritize and always strive to deliver excellence.Keeping the focus on maintaining affordable prices and delivering 100% client satisfaction we aim to make worth of every penny our clients spend with us,and build a lasting relationship with them.

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