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After filing for Patent, either online or offline, rather than sitting in the dark, you have the facility to check the patent pending status of your application on the internet. By keeping a regular check of your patent pending status you can make sure that you do not miss any updates or deadline.
You can easily check application status of your patent through the inPASS portal. All you need to enter is your application number (as provided at the time of patent application). Then enter the Captcha and click on the ‘Show Status’ icon below. Your application number will be in the format of 1234/DELNP/2011 (illustrative).
This will direct you to the page containing the details of your application.
You will see your application status in the details below. You can also access all the documents you have submitted by clicking on the ‘View Documents’ icon bottom right of the page.
You might find the following various application status listed below:
Application does not exist: Indian Patent Office (IPO) usually publish the patent application after the expiry of 18 months from the filing of a patent or priority date whichever is earlier. This status indicates that 18 months have not passed since the filing of the application or priority date whichever.
Application Published: Only complete applications are published after 18 months. Your patent application has been published in the official journal is what this status indicates.
Awaiting Exam: Application of Request for Examination has to be filed within 48 months of priority date or filing date whichever earlier. Failing to do so will result in your application deemed withdrawn. This status indicates patent examination has been requested by you and it is waiting for an examiner to process it.
First Examination Report (FER) Issued: This status indicates patent FER has been issued and your response is invited. You need to respond within 6 months from the date of FER. Response time is extendable by 3 months. If you have submitted any amendments to your application in response to FER, your status will show as Application in Amended Stage.
Abandoned: After getting abandoned, your application does not continue. Such abandonment takes place on two occasions:
Section 9: When the complete specification is not filed within 12 months of the filing of the provisional application.
Section 21(1): When the application is not put in order for a grant within 6 months from the date of FER.
Withdrawn: It takes place on two occasions:
Rule 26: When the withdrawal is requested under sub-section (4) of section 11B made in Form 29.
Section 11B(4): If the request for examination is not made within 48 months of the date of filing or priority date whichever earlier, the application is deemed withdrawn.
Application Refused: This status indicates that your application is not according to the requirements of the Indian Patents Act, 1970 (IPA Act) and has been refused under section 15.
Granted: This status indicates that your patent has been granted and it has been published in the Gazette.
You can mark your product or process as ‘patent pending’ as soon as you have submitted your application for the grant of patent and such application has not been withdrawn, abandoned or refused.
Do this to prevent any unsuspecting infringement and to ensure litigation. It must be noted that your patent pending status may give you certain rights under patent laws but you will not be competent to sue for infringement before the patent is actually granted.
Further, under section 120 of the IPA Act if anyone falsely claims a ‘patent’ or the ‘patent pending status’ then such claimant will be liable for a fine which may extend to one lakh rupees. Also, see.
the inPASS system, mentioned earlier, provides three kinds of search services under three respective tabs:
Application Status: To check the status of your application. This we have already discussed.
Patent E-Register: It can be used for searching granted patents. If you know the 6 digit patent number, enter it to access the details of the patent. It can tell you about the patent duration, the expiration date of the patent, renewal fees, name and address of patentee, etc.
Patent Search: It provides for general patent search services. Whether you want to search a pending application, granted a patent or expired patent. You should ideally take this kind of search before filing for your patent application. It will help you know if there are any other similar applications pending with the patent office or if there is any similar invention which has been granted patent earlier. The portal provides you with multiple categories of search options:
You can enter keywords for your search query. By entering more than one keyword you can reach a more precise result. After entering all the relevant keywords, enter the captcha and click on the search icon bottom right of the screen. Get all the required details about the patent including application status, abstract and complete specifications of the patent, etc.
A Patent search is a highly crucial task that any patent applicant or inventor should undertake at every stage of the process. Early stage patent search before filing the patent application helps you evaluate the probability of a patent grant. This also helps you determine the preferred claims.
After filing the application, you should keep a close watch on the application status. This is to keep up to date with all the deadlines and further requirements.
MyAdvo, with its trained team of lawyers, can make this task easier for you so that you can focus on your business and keep inventing. Not only does MyAdvo let you find a lawyer anywhere in India online, but it helps you with all or any questions on patent-related laws.
All you have to do is connect with us at email@example.com or call us at +91-9811782573 and express your concerns right away and we’ll look into the rest.
Written by: Peeyush Agarwal
Dr. Ram Manohar Lohia National Law University, Lucknow (5th Year)