Tuesday, July 19, 2011

Ordinary Patent filing requirements in India

The basic mandatory requirements for filing an ordinary 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. Provisional specification or complete specification (in Hindi or 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with description, claims, drawings, abstract as per the Indian Patent Law and Practice otherwise the application shall not be published;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 or along with complete specification where completed specification is filed after filing a provisional specification;
5. 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 six months from filing of application;
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. 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.

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