Tuesday, July 19, 2011

Conventional Patent filing requirements in India

The basic mandatory requirements for filing a Conventional Patent Application in India are as follows:
1. Name, address, particulars and nationality of applicant/s for patent;
2. Name, address and nationality of inventor/s of patent;
3. Complete Specification (in English) with description, claims, drawings, abstract as per the Indian Patent Law and Practice otherwise the application shall not be published;

Other requirements:
4. Declaration as to inventorship within 1 month of filing application
5. Priority document or English translation thereof (where applicable) along with verification in support to be preferably filed along with the application or within 3 months of filing, to be filed mandatorily within 3 months if requisitioned by Controller;
6. Details of all corresponding foreign application within 6 months of filing of application and/or within 6 months of filing of Patent application in any country outside India;
7. Proof of right in favour of applicant from inventor (where the applicant is distinct from inventor) in writing (assignment deed, employment agreement or any other arrangement) preferably notarised within 6 months from filing of application;
8. Power of authority in favour of Indian Patent Attorney/ agent, to be stamped in India (legalisation/ notarisation not necessary) preferably to be filed within a month or to be filed mandatorily within 3 months if requisitioned by Controller otherwise the application shall not proceed towards publication.

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