Different types of Patent Application
Table of Contents
Once you and your patent attorney approve 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 the 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 the following elements: for more details about complete application refer patent manual at government website
- 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 a 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 the 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).
- Indian Patent Office, Govt. of India
- Patent Facilitator for Start-ups, Startup India Govt. of India
- Bachelor’s degree in Electronics and Telecommunication engineering.
- Author of multiple books on Patents and IPR including a best-selling book on “How to patent an idea in India” which has been selected as the “Memorable Business Book of 2018” by Amazon
- Books are included in the syllabus of Educational Institutions as textbook and reference book on subject of IPR and Patents
- For over 15 years, Prasad has helped protect the intellectual property rights (IPR) of more than 1800 clients, including individuals, entrepreneurs, and educational institutes. This includes patents, trademarks, designs, and copyrights.