How to Check Indian Patent Application Status?

Understanding where your patent stands in the registration process is crucial for protecting your intellectual property in India. This blog breaks down how to check the Indian patent application status of your Indian patent application using the official patent portal, what each status means, and why timely tracking matters. Whether you're a first-time filer or a seasoned innovator, this blog helps you stay informed, avoid delays, and plan your next steps with confidence.

Indian patent application status refers to the latest status of an application in the tracking system of the Indian Patent Office. Applicants need to monitor their application status in order to obtain office actions timely, meet deadlines, and safeguard their intellectual property rights. Monitoring the status avoids delay or rejection because of missed requirements.

When an application is filed, it is allotted with a filing date and number. It is subsequently published in the official journal after 18 months except where early publication is requested. Upon publication, the application is scrutinised on request where the examiner verifies its novelty and fulfillment of legislative stipulations. When objections are encountered, applicants have to reply prior to a decision. If conditions are acceptable, the patent is published in the register and granted. The application, however, gets denied if there still exist pending objections or are no satisfactory satisfaction of the requirements of law.

How to Check Indian Patent Application Status?

 Checking the Indian patent application status of a patent application in India is simple and essential for tracking its progress. The Indian Patent Office provides online tools to help applicants stay updated in real time. Here is a detailed outline of the same: 

Visit the Official Patent Office Website

The Patent Office of India offers an online tracking facility named InPASS (Indian Patent Advanced Search System) for verification of patent application status. The system enables applicants, attorneys, and the public to search and track patent applications. The users can view information regarding filed, published, examined, granted, or rejected patents by entering an application number, publication number, or patent number using InPASS. 

Steps to Check Patent Status Online

To verify the status of the patent application through InPASS, do the following:

• Step 1: Go to the official website of the Indian Patent Office (https://ipindia.gov.in) 
• Step 2: Proceed to the InPASS portal by choosing ‘Patent Search’ under the ‘Public Search’ tab 
• Step 3: Provide the application number or other appropriate information in the search boxes 
• Step 4: Click on the ‘Search’ button to obtain the current patent status 
• Step 5: Observe the results shown, which show whether the application is filed, published, examined, granted, or refused.

You Can Also Use Vakilsearch Patent Search Tool

Apart from InPASS, applicants can use the Vakilsearch Patent Search Tool to track their Indian patent application status. Vakilsearch provides a simplified and user-friendly interface that enables quick searches with real-time updates. This alternative offers a seamless tracking experience, especially for users who prefer an intuitive platform.

Steps to Check Indian Patent Application Status on Vakilsearch

To check the Indian patent application status using Vakilsearch, follow these steps:

• Step 1: Visit https://patents.vakilsearch.com 
• Step 2: Enter the patent application number or publication number in the search bar
• Step 3: Click on the ‘Search’ button to proceed
• Step 4: View the displayed patent status, which will indicate whether the application is filed, published, examined, granted, or refused.

Key Stages of Indian Patent Application and Their Status

Knowledge of the primary steps in a patent application makes it easier to follow its progress from filing to grant. Every step represents a particular Indian patent application status that shows where your application is within the process. Below is a step-by-step process:

• Step 1: Filing

The Indian patent application process starts with the submission of Form 1, the application for grant of a patent. This involves submitting information regarding the invention, the applicant, and the inventor. Once submitted successfully, the applicant is given an acknowledgment number, which is used as a reference to monitor the progress of the application. This step sets the priority date of the application, which is essential in determining novelty.

• Step 2: Publication

Once filed, the application gets published automatically in the official patent journal after 18 months, except if it comes under secrecy provisions or it is withdrawn. Nevertheless, applicants can opt for early publication through the filing of Form 9, which accelerates the process. After being published, the application becomes accessible to the public, and third parties can make pre-grant oppositions.

• Step 3: Examination

Examination is not done automatically; the applicant has to submit a Request for Examination (RFE) within the time limit. The patent office allots an examiner to examine the entire application for novelty, inventive step, and industrial application. The examiner prepares a First Examination Report (FER) indicating objections, if any. The applicant has to reply within six months (extendable by three months) to resolve the objections raised. Non-compliance can lead to the application being held as abandoned.

• Step 4: Grant

Where the application gets past the examination phase, and objections have been disposed of, the patent is granted. A grant certificate is issued by the patent office, and the patent specifications are published in the journal. The owner of the patent is then entitled to exclusive rights to the invention for 20 years from filing date, on renewal basis and subject to payment of maintenance fees.

• Step 5: Rejection/Withdrawal

A patent application can be rejected if it is not eligible, is not novel, or is non-compliant with patent regulations. Also, an applicant voluntarily may withdraw the application at any point prior to grant. Upon rejection or voluntary withdrawal, the Indian patent application status is noted in the records of the patent office and no patent rights are granted. 

Types of Indian Patent Application Status

The Indian patent regime employs different kinds of status updates to indicate progress in an application. Familiarity with such types enables applicants to understand formal updates and take prompt action. Here is a list of categories of Indian patent applications:

1. Application Does Not Exist: The Indian patent application status shows when the entered application number is not valid or does not correspond to any record in the Indian Patent Office database. It could be due to a typing mistake, improper format, or database errors. Applicants can check and verify the number with official records. If the problem still persists, it is advisable to seek clarification from the Indian Patent Office.
2. Application Published: This status shows that the patent application has been published in the Official Patent Journal, and the invention details become public. According to Indian patent legislation, applications are automatically published 18 months from filing except when withdrawn or limited by secrecy provisions. Early publication may also be opted for by filing Form 9, which hastens disclosure.
3. Application Awaiting Exam: After an applicant submits a Request for Examination (RFE) on Form 18, the application becomes part of the examination queue. Examination is prioritised by filing date and expedited requests if present. The application stays in this status until an examiner is assigned and reviews it.
4. Application Examined (First Examination Report (FER) Issued): This status shows that the First Examination Report (FER) has been sent. The FER mentions objections to novelty, inventive step, industrial applicability, or formal compliance. The applicant has to file a response to these objections within 6 months, which can be extended by 3 months if needed. If no response is made, application abandonment may occur.
5. Application in Amended Stage: Application progresses into this phase when the candidate makes additions or explanations after being notified of FER. Adjustments have to be drafted delicately in response to meet requirements by examiners without increasing invention scope. Response is scrutinized by the patent office prior to a determination about granting or protesting further.
6. Patent Application Status Abandoned: If an applicant does not reply to the FER, does not submit the RFE within the specified time limit, or does not adhere to procedural requirements, the application is treated as abandoned. Abandoned applications cannot be restored and the invention is deprived of protection. To avoid abandonment, applicants need to keep deadlines under control and respond in a timely manner.
7. Application Refused U/S 15: A patent application is rejected under Section 15 of the Indian Patents Act if the invention fails to satisfy patentability requirements (novelty, inventive step, industrial applicability) or continues to be non-compliant upon examination. Applicants may appeal the rejection before the Intellectual Property Appellate Board (IPAB) or submit a divisional application, if permitted.
8. Withdrawn U/R 26: Candidates can withdraw their patent application on a voluntary basis according to Rule 26 of the Patent Rules. It could be out of strategic business plans, clerical errors during filing, or being unable to satisfy requirements. Withdrawal serves the purpose that details of the invention will not advance to grant or rejection in formal records.
9. Deemed to Be Withdrawn: This status happens when the applicant does not perform necessary action, e.g., failing to submit an RFE within time or failing to respond to the FER. As opposed to voluntary withdrawal, this is automatic updating of the Indian patent application status as a result of procedural oversights. Applicants must follow official deadlines in order to avoid unintended withdrawal.
10. Granted: After a patent application safely clears examination and all objections are overcome, it is granted. The grant certificate is issued, granting exclusive rights to the patentee for 20 years from the date of filing. The patent has to be kept alive by paying renewal fees every year in order to continue in effect.

Common Issues and Delays in Patent Status Updates

 Indian patent application status updates at times may be delayed or encounter unforeseen problems while applying. Knowing the typical problems can enable you to rectify them in a timely manner and maintain your application on course. Below is a comprehensive breakdown of typical problems in patent status:

• Delay in Publication or Examination

Applications for patents usually get delayed in examination or publication on account of high numbers of pending applications, backlogs in administration, and workload at the Indian Patent Office. By default, the application is published 18 months from filing unless early publication is sought on Form 9. Likewise, examination is commenced only after filing of the Request for Examination (RFE) and the application being placed in a queue. Delay can also take place when there are backlogs in examination. Candidates can avoid delays by choosing early publication, checking the status on a regular basis, and following up with the patent office whenever necessary.

• Objections and Non-Compliance

Most patent applications face First Examination Report (FER) objections, which can result in delays if not dealt with appropriately. Objections normally arise on grounds of lack of novelty, inadequate disclosure, vague claims, and formal documentation errors. Applicants need to go through the FER carefully, consult a patent attorney, and file a properly organised response with required amendments to achieve compliance. Providing accurate, clear, and timely responses can substantially avoid delay in processing and ensure greater chances of a grant.

• Abandonment Due to Missed Deadlines

A patent application can be abandoned when the applicant misses deadlines, e.g., filing Form 18 (RFE) within 48 months from filing or replying to the FER within 6 months (extendable by 3 months by filing Form 4). The failure to meet these deadlines leads to automatic abandonment, i.e., the application is no longer eligible for a patent. To prevent this, candidates should monitor key dates, remind themselves, and make timely necessary responses or requests. If an extension is needed, it must be requested within the allowed time to avoid abandonment.

How to Resolve Patent Status Issues?

Declaring Indian patent application status problems can be solved by determining the cause and acting appropriately. Below are  few tips to resolve the issues and ensure your application runs smoothly:

• Responding to Objections in FER

When an applicant is issued a First Examination Report (FER), they have six months (extendable for a further three months using Form 4) in which they must respond by filing a legal reply to the objections. This response must contain the necessary amendments, clarifications, and supporting documents to meet the requirements of patentability. Typical objections are lack of novelty, inadequate disclosure, or clarity of claims. Hiring a patent attorney or agent maximises the chances of successfully overcoming objections and ensures that the response is well organised.

• Filing Appeals for Rejections

If a patent application is refused under Section 15, the applicant may appeal against the order to the Intellectual Property Appellate Board (IPAB). The appeal is done by submitting Form 19 accompanied by supporting arguments and evidence illustrating how the invention satisfies patentability requirements. The applicant can also seek a hearing before the Patent Controller. On successful appeal, the refusal may be revoked, and the application reconsidered. Seeking advice from a patent professional enhances the probability of a positive result.

• Getting Help from the Patent Office

Applicants experiencing delays, mistakes, or doubtful status updates may approach the Indian Patent Office directly or through a registered patent agent. Communication can be initiated through email, helpline numbers, or personal visits to the concerned patent office branch. If certain clarifications are required, sending in a written request to the specified Patent Controller will facilitate swift resolution. Hiring a registered patent agent will ensure that questions and procedural matters are dealt with professionally, avoiding further delays.

FAQs About Indian Patent Application Status

How can I check my Indian patent application status?

You can track your patent application status through the InPASS portal by entering your application or publication number. Alternatively, you may contact the Indian Patent Office for updates.

What does ‘FER Issued’ mean in patent status?

‘FER Issued’ indicates that the First Examination Report (FER) has been generated, highlighting objections or compliance requirements. Applicants must submit a response within the specified deadline.

How long does it take for an application to be granted?

The patent grant process typically takes 2 to 5 years from the filing date, depending on factors such as application type, examination backlog, and procedural delays.

What does ‘Abandoned’ mean in patent application status?

An application is marked ‘Abandoned’ when the applicant fails to respond to the FER or does not complete the required steps within the designated time frame.

Can I speed up the patent application process in India?

Yes, the process can be expedited by filing a request for early publication (Form 9) or opting for expedited examination (Form 18A) under eligible categories.

What happens if my patent application is rejected?

If rejected, applicants can appeal the decision before the Intellectual Property Appellate Board (IPAB) or revise and resubmit the application by addressing the objections.

How can I resolve objections in the FER?

To address FER objections, submit a detailed response along with any required amendments or clarifications within the stipulated six-month period (extendable by three months if needed).