There are different types of patent application such as PCT application, Convention application, Patent of addition, Divisional application. The deadline to file different application is different in different countries. A particular patent application is prosecuted only at the Request of the applicant to examine the same. The Request for first Examination has to be filed by the applicant within forty eight months from the priority date. The Request has to be filed in a manner as prescribed by the Patent office along with the requisite fees. The Examiner of patents will not act suo-moto as far as examination of a particular application is concerned. If the Request is not filed within the stipulated period than the application shall be treated as abandoned by the client. Thus it is extremely necessary that the Request gets filed within the period prescribed by the patent office so that the importance of the invention can be safeguarded.
Patent Prosecution Process
As soon as a request for first examination is filed by the applicant within the stipulated period of forty eight months, the examiner proceeds to examine the application within six to seven months. After this the next stage is to file a reply pertaining to the objections raised by the Examiner of patents. The reply has to be filed within a period of one year from the date of receipt of the examination report. If the examiner gets satisfied with the reply he will publish the patent in the journal or else he shall ask the agent of the applicant to appear before him for hearing. It is to be noted that an application may be opposed before grant of patent or after grant of patent. If there is no opposition before the grant of patent the examiner shall cause the application to get registered. A patent gets registered for a period of twenty years. However it has to be renewed each and every year.
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