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with description, claims, drawings, abstract as per the Indian Patent Law and Practice otherwise the application shall not be published;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.
Showing posts with label Convention Patent Application. Show all posts
Showing posts with label Convention Patent Application. Show all posts
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.
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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