IP India : e-Filing for Patents

Organization :Controller General of Patents, Designs & Trade Marks
Facility : e-Filing for Patents

Home Page :http://ipindia.nic.in/
Login here :https://www.ipindia.gov.in/

e-Filing for Patents :

The Indian Patent Office visualizes the concept of virtual office as the ultimate objective where all the communications, interactions and transactions between the office and stakeholders take place online.

Related : IP India Search Trade Marks : www.statusin.in/4674.html

As an initial step in this regard, IPO launched the E-filing services for Patents in the year 2007 which enabled online filing of new applications for Patents. The service is successfully being used by the stakeholders. Appreciating the significance of being more transparent and user friendly in building confidence among stake holders, IPO has further developed the e-filing system so as to cover comprehensive e-filing for Patents, wherein, in addition to online filing of New Applications, subsequent filings have also been integrated. The applicants have the benefit of registering themselves as users and owning personal folders in the IPO’s environment. New and enhanced features of Comprehensive

E –filing services include :
** Web based filing system
** Dual way login (Digital Signature as well as Password based) and password re-generation procedure
** Provision for filing of all entries as per Schedule 1 of the Patents Rules,2003
** Proper Validations with IPO Patent database
** Facility to upgrade / update the digital signatures
** User Profile
** Improved procedures to minimize transaction errors

Basic Requirements :
** Operating System : Microsoft Windows XP with SP3 and above
** Web Browser : Internet Explorer 6 and above
** Digital Signatures

Payment Gateway :
** Net Banking (All Major Banks)
** Debit Card (All Major Banks)
** Credit Card (VISA & MASTER CARD)

Instructions for E-filing :
With the enforcement of the Patents (Amendment) Rules 2014, new fee schedule has been implemented in the Comprehensive E-filing system for Patents. In addition to other provisions of new rules following provisions have been provided in the system :
** A third category of applicant for patent has been introduced in the form of “small entity” and the fees charged to them has been fixed in between the fees for a natural person and for all persons other than natural persons (except a small entity). The criteria for “small entity” have been elaborated in the amended rules.
** Form 7A (Pre-grant opposition) : A new Form has been provided for filing “Representation Opposing Grant Of Patent” under sub-section (1) of section 25 and sub-rule (1) of Rule 55 of the principal rules. However no fee shall be payable for the same.
** Form 28 (Declaration by Small Entity) : A new Form-28 has been introduced in the rules, which has to accompany every new application and for other subsequent documents, should be filed atleast once against the application number for which a fee has been specified and for which the fee applicable for a small entity is claimed.

Pursuant to implementation of above mentioned provisions, it is important to note following points :
1. Any applicant who wants to claim the fee benefit under the Small Entity category needs to file Form 28 :
** Prior to submitting any other form / fee in case of subsequent filling (CBR of Form 28 with “0” fee should be generated)
** Along with Form 1in case of New Application