Getting a patent in India is one of the most time-consuming processes as it takes around 5-6 years to get a patent after you filed an application. The Centre has taken steps to lower this wait time to around 15 months with the new Amended Rule which was implemented in May 2016 in the Patent Act.
Back in July 2015, a whopping 2,26,339 patent applications were pending. This was due to the shortage of professionals. More than 40,000 patents are being filed in India every year, out of which few thousand’s are withdrawn, which still leaves more than 35,000 patent applications to be examined. This is an uphill task and to get things done n stipulated time, the government has also recruited many patent examiners on contract basis as well.
The time for your patent to be awarded to you also depends on a number of factors like
- Industrial Application and Enabling.
- Software Innovation.
- Non- Obviousness.
- Novelty, etc.
The Government of India has introduced a new process for filing a patent called the “Tatkal Patents”. It is evident from the name that by this process, you will receive your patent much faster than the conventional one. The new Rule 24C is aimed to bring down the patent application period from 5-6 years to about 15-18 months. The government intends to achieve this goal by March 2018.
The “Tatkal Patents” service can only be availed by the applicants that are startups or by those who have listed India as the competent International Searching Authority or elected as an International Preliminary Examining Authority in their international application.
This service is only available through the electronic route i.e. it must be filed online only. The government hopes that this will popularize India as a patent filing hub in the world which will attract more innovators to file their patent applications in India. Currently, most of the patents are filed in nations like US, Japan, and Europe. So, with this service, this trend will change to some extent. Also, as the Indians will be filing their patents here in India, it will be a lot cheaper in India.
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