Tuesday, July 19, 2011

Different types of Patents in India

Patents can be classified under three categories on basis of their priority claim:
1. Ordinary patent application (without any priority claim)
2. Conventional patent application (with priority claim from a conventional country )
3. PCT national phase patent application (with priority claim and based on PCT application)

Ordinary Patent Application
Ordinary patent application in India can be filed along with a provisional or complete specification. It is further distinguishable from other patents that it does not claim any priority from any other application.

Convention Patent Application
Convention Patent Application claims priority from a convention application and has to be filed in India within 12 months from date of priority and has to be accompanied by a complete specification.

PCT National Phase Patent Application
PCT national phase patent application has to be filed in India after filing of PCT application in WIPO and within 31 months from the date of priority and has to be accompanied by a complete specification.

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