Route to a patent

CSIR invention/technology disclosure

Invention / technology reported to R&D Outcomes Manager and the Licensing & Ventures office, where it is evaluated.

Provisional patent application
Provides a priority date ie any similar subject matter developed or patent applications filed after the priority date do not affect the novelty of the invention application.  Quicker, cheaper filing process, and provides a 12 month window before having to file a complete / full patent application. During this period the inventors can further develop the invention.
0 months

Patent Cooperation Treaty (PCT) application
A centralised application, search and examination process (but not a patent-granting authority). Retains the option for the patentee to obtain patents in multiple countries, while deferring the cost of a large number of individual applications.
12 months from the date of first filing*

* One can also file a PCT application or national phase applications directly, without filing a provisional patent application.

International Search Report & Written Opinion issued
An international search is performed to find information that has been made available to the public in  any form before the priority date that might be relevant to a patent’s claims of novelty and inventiveness, allowing the patentee to decide whether it is worth pursuing the patent application further.
16 months

Publication
PCT application is published and can be viewed by the public.
18 months

Demand for International Preliminary Examination
Optional step in the process, for cases where the patentee might wish to respond to the Written Opinion.
19 months

International Preliminary Report on Patentability (IPER)
Where no Demand is filed, this will follow the Written Opinion. Where a Demand has been filed, this might differ from the Written Opinion.
28 months

National phase entry
Patent applications filed in each country/region in which the patentee desires protection. Some national/regional patent offices accept the results of the IPER, while others conduct a new search and examination.
30/31 months

Patent granted!
Typically 1-5 years after entering national phase

Patent life-span
20 years from the filing date of a complete application

Intellectual Property Options

Forms of intellectual property

Patent: Protection for inventions,including products, compounds, devices and processes.
Registered Design: Protection for industrial designs and features of appearance.
Copyright: Protection for artistic and literary works, computer programs, photographs, music, films, drawings and reports. No registration required.
Plant Breeders Right: Protection for new plant varieties.
Trade Mark: Protection for words, phrases, symbols, logos or colours that distinguish goods or  services in commerce.
Trade Secret: Protection for confidential information, which derives value by being kept secret.

At the CSIR, we evaluate each case on its merits to determine which form/s of intellectual property protection will represent the most effective route for dissemination and technology transfer. 




	

This blog is maintained by the CSIR Licensing & Ventures team. Copyright (c) CSIR 2016. All rights to the intellectual property and / or contents of this blog remain vested in the CSIR.
This blog is intended solely for information purposes and may not be reproduced, in whole or in part, in any way without the express written permission of the CSIR.

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