Options for filing patent application – Patent filing in India


Options for filing patent application - Patent filing in India

Once you and your patent attorney approves the final version of patent application it is file into the patent office as soon as possible.

there are many options and routes for filing patent application based on following things:

  • the stage of your invention
  • the country of your interest for getting patent protection
  • number of countries of your interest forgetting pattern protection outside India
  • your budget for filing patent application

Types of patent applications

1. Provisional application

a provisional application is filed when you are not quite ready with your invention and you want to borrow the time to work further on research and development of your invention and at the same time you don't want to lose on priority date. A provisional specification may or may not have claims.

Filing provisional application gives you 12 months of time within which you need to file complete patent application. If you fail to file complete patent application within 12 months from the filing of provisional patent application your application will be abandoned.

2. Complete application

The complete application / specification describes the invention fully and completely along with the best mode and complete set of claims the complete specification includes following elements:

  • Title and Preamble
  • Prior art
  • Drawbacks in prior art
  • Efforts or Solution to Drawbacks
  • Summary Of the Invention
  • Statement of invention
  • Detail description of invention
  • Detail description with reference to drawings
  • Examples
  • Claims

3. Convention Application

When an applicant files the application for a patent, claiming a priority date based on similar application filed in convention countries, it is called a convention application.
You can file the application in the Indian Patent Office within twelve months from the date of first filing of a similar application in the convention country.

4. Patent Cooperation Treaty (PCT) – International Application

It is an international agreement for filing patent applications having effect in up to 138 countries.
“PCT is administered by World Intellectual Property Organization WIPO, and it's primary objective is to provide a system where you need to make only one patent application which would be searched by at least one International search authority and examined by at least one selected International preliminary Examination Authority IPEA”

It is important to remember that pct does not provide the grant of patent it only facilitates single application which would be taken from searching to examination stage centrally and which would be applicable for all the signatory countries in pct. Currently number of countries associated in PCT are 138.

The application is to be filed in English language within 12 months from the date of filing in India.

5. PCT-National Phase Application

This is an application filed in Indian Patent Office claiming the priority of international filing date is called PCT National Phase application.

First the international application is made as per (PCT) and then the first application, can enter the national phase in India within 31 months from the international filing date or priority date (whichever is earlier).

Documents required for filing of A Patent Application

  • Covering letter- indicating the list of documents;
  • Application for Grant of Patent in Form 1 [section 7, 54 & 135 and Rule 20(1)] in duplicate;
  • Complete/Provisional specification in Form 2 in duplicate [Section 10; Rule 13]
  • Statement and Undertaking in Form 3 [Section 8; Rule12];
  • Power of Attorney in Form 26 (in original) (Rule 3.3 (a) (ii)); (if filed through attorney)
  • Declaration of Inventor-ship in Form 5 (only in case of an Indian Application; (Rule 4.17);
  • Request for examination: Form 18
  • Requisite Statutory fees ( cheque / DD)
  • Request for publication. This is optional (form 9) if express publication is required
  • Form 28 only required to be submitted by small entity

About 

Registered Patent Agent India (IN/PA 2352) with bachelors degree in electronics and telecommunication engineering. Working in patents and IPR field since 12+ years. associated with leading Intellectual Property firms in India Successfully helping inventors and businesses in securing their Intellectual Property Rights (IPR) including Patents, Trademarks, Designs & Copyrights along with Contract & Commercial Matters.