How to Check Patent Status?

In India, a patent means a legal right that is granted by Indian Patent Office to an inventor for a unique invention. This right is important as it protects the inventor’s intellectual property. Also, it prevents unauthorized use by other individuals and businesses. 

Many individuals and businesses go for patent registration so they can secure their exclusive rights as well as protect their invention from competitors. In this blog post, we shall explain how to check patent status. If you filed a patent application recently or are planning to file one, then we recommend you to go through this post.

What is Patent Application Status?

Patent application status means current stage of the patent application. This status indicates whether the patent is filed, published, under examination, granted or refused by Indian Patent Office. Additionally, it determines the legal rights that are linked with the invention like ability to prevent others from manufacturing, using or selling it. 

There’s no doubt that monitoring the Indian patent status is important for patent owners to enforce their rights. But it is equally important for the competitors to check the status so they can understand limitations. 

Why Checking Patent Status is Necessary?

To protect your intellectual property in India, it is quite necessary to know the status of your patent during registration process. By checking your patent status on a regular basis, you can receive timely office actions, meet deadlines and protect your intellectual property rights. In addition to this, by monitoring your status, you can prevent delays or rejections due to any missed requirements. 

When a patent application gets filed, a filing date and number is assigned to it. The application is then published in the official journal after a period of 18 months (unless an early publication is requested). Once published, the application gets examined upon request. During the examination, the examiner basically assesses its novelty and checks whether it ensures compliance with all the legal requirements. 

In case any objections arise, the applicant must respond in a timely manner before a final decision is made. If all the conditions are met, then the patent is published in the register and granted to the inventor. However, if there are still unresolved objections or if the legal requirements are not satisfactorily addressed, then the application is highly likely to be denied. 

How to Check Indian Patent Status?

It is quite easy and simple to check the Indian patent application status and track its progress. Below, we have explained the steps involved in the patent status check process via the official Indian Patent Office website.:

Step 1: Visit the official website of the Indian Patent Office.

Step 2: Now, once you are on the homepage, you need to proceed to the InPass portal by selecting ‘Patent Search’ under ‘Public Search’ tab.

Step 3: You must now provide the application number or other information requested in the search boxes.

Step 4: Now, click on the ‘search’ option so you can obtain the current patent application status.

Step 5: You can now observe the results shown by the portal and know whether the application is filed, published, granted, examined or rejected.

Various Types of Patent Status in India

There are different types of Indian patent application status. Each status has a different meaning. Below, we have provided you with the list of types of Indian patent status and explained what they mean.:

• Application Does Not Exist: The status shows when entered application no. is invalid or doesn’t correspond with any record in database of Indian Patent Office. The reason could be due to typing error, improper format or database issues. You can check and verify the no. with official records. But if you still face the same problem, then you can reach out to IPO and ask them for clarification.

• Application Published: This status is displayed when patent application has been published in the Patent Journal and invention details become publicly available. In India, applications get automatically published 18 months from filing except in cases when application is withdrawn or limited by secrecy provisions. 

• Application Awaiting Exam: Once an applicant files a Request for Examination using Form 18, the application enters examination queue. Applications are generally reviewed in order they were filed. This means application that was first filed will be reviewed first, then the second one will be reviewed. With that being said, expedited requests may receive priority. This status remains until an examiner is finally assigned to begin the review process.

• Application Examined (First Examination Report (FER) Issued): This status means First Examination Report has been issued. The FER provides details regarding objections regarding novelty, inventive step, industrial applicability or formal compliance. The applicant must respond to these objections within a period of six months. There is a chance for a possible extension of three months. Failure to respond can result in the application being considered abandoned.

• Patent Application Status Abandoned: If the application doesn’t reply to FER, fails to submit RFE within the prescribed time or fails to adhere to procedural requirements, the application will be regarded as abandoned. It is not possible to restore abandoned application and the invention will be deprived of legal protection. To avoid this status, you must ensure you fulfill the requirements and meet the deadline.

• Application in Amended Stage: The applicant sees this status when additions/explanations are made to application by them after being notified of FER.

• Application Refused U/S 15: If an invention does not meet the requirements for patentability (novelty, inventive step, and industrial applicability) or remains non compliant after examination, the application gets denied under Section 15 of the Indian Patents Act. 

• Withdrawn U/R 26: The application for patent can be withdrawn by a candidate if they wish to do so under Rule 26 of the Patent Rules. After withdrawal, the patent rights will not be granted to the invention.

• Deemed to be Withdrawn: This status is reflected when the necessary action isn’t taken by the applicant. For example, this status might show up when the applicant fails to submit RFE on time or fails to respond to the FER. 

Conclusion

A patent is granted to an innovation by the inventor. It can be granted for pharmaceutical drugs, engineering inventions, software and more. In India, the Indian Patent Office is responsible for registering patents. The application for patents can be filed online through the official IP India website. After filing the patent application, you can visit the website for patent status check. 

Author: Manish Kumar

I’m Manish Kumar, a content management specialist. I simplify complex financial and regulatory topics into clear, insightful content. As a regular contributor to the Registrationwala portal, I provide updates on finance, Tax, government schemes, compliance, and other incorporation information. My goal is to keep you informed about key industry developments and their impact.