has six months’ time from the date of issuance of the examination report to put the application in order for grant, with a one-time extension of one, two or three months. A second examination report and/or an oral hearing may be issued for further clarifications and overcoming objections. New art may be cited in these reports. Also, an application, once published, can be opposed by any person by filing a pre-grant opposition until the date of grant under the provisions of section 25(1) of the Act. An application cannot be granted prior to six months from the date of publication. A patent can be opposed by any interested person within one year of grant under the provisions of section 25(2) of the Act. A patent can be revoked any time after grant by an interested person under section 64 until the life of patent either by filing a revocation petition or in a counter claim in a suit for infringement. India is signatory to various international treaties like the Paris Convention for the Protection of Industrial Property, the Patent Cooperation Treaty and the TRIPS agreement. Hence an application can be filed either as an ordinary or convention or national phase of a PCT application. Under rule 24C of the Act, an applicant may file for early or expedited examination. The following applicants are eligible to file for expedited examination under the Indian Patent Act: • An applicant who has chosen India as an International Searching Authority (ISA) or as an International Preliminary Examining Authority (IPEA) in a corresponding PCT application; • If the applicant is: a start-up as defined in rule 2(fb) of the Patent Rules, 2003; or a small entity as defined in rule 2(fa) of the Patent Rules, 2003; or a female natural person; or a government undertaking in accordance with section 2(1) (h) of the Act, in case of an Indian applicant, or is a similar entity in case of a foreign applicant; or if an applicant is eligible under an arrangement for processing an international application pursuant to an agreement between the IPO with another participating patent office. The Patents Act 1970 is the primary legislation that governs patent filing and prosecution in India. Being a signatory to the various international treaties, India is compliant with all its obligations under the treaties. How long does the patent application process ordinarily take, and what measures is the Indian Patent Office (IPO) taking to expedite patent applications? Ordinarily, the time to grant a patent depends upon time taken in different stages, which may vary from around three to five years, depending upon the case. 22 LAWYERMONTHLYMARCH 2023 India is becoming the jurisdiction of choice for Standard Essential Patent (SEP) litigation.
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