Patent filing in India

Patent Application Types

Patent Applications In India

Patent Applications in India can be filed as per the below categories :

Ordinary Application

Convention Application

PCT National Phase Application

a) Ordinary Patent Application

An ordinary patent application is filed with the India Patent Office without claiming priority from any application or without reference to any other application under process . This type of an application is a first application for an invention and can either be filed as a Provisional Application or as a Complete Application.  In case the ordinary application is a provisional application then the applicant has to file the complete specifications with the Indian Patent Office within 12 months from the date of his provisional application.

b) Provisional and Complete Patent Application

Research and inventing can sometimes be a time consuming process. To ensure that the senior patent rights can be enjoyed by an inventor, it is advisable to file a provisional application, in case the disclosed invention is only at a conceptual stage and a delay is expected in submitting complete description of the invention. A provisional application helps the applicant to establish priority of the invention and safeguard his rights during the time period required to take his conceptual invention to a complete specification. As per section 9 of the Indian Patents Act, the provisional specification is deemed to be abandoned if complete specification is not filed with the Patent Office within twelve months from the date of filing of the provisional application.

c) Convention Patent Application

As per Section 135 of Indian Patents Act when an applicant files the application for a patent -claiming – priority date based on the same or substantially similar application(s) for patent filed in one or more of the convention countries, is called as convention application. The convention application is required to be filed within 12 months from the date of earliest priority application.

d) PCT Application National Phase Entry In India

PCT is an international filing system in which the applicant gets an international filing date in all the designated countries. The applicant has a time limit of 30/31 months from the date of earliest priority to file National Phase Entry Application in the designated countries. PCT does not grant a Patent, the responsibility of granting or rejecting the patent application lies exclusively with the national/regional patent offices on the basis of their local Patent law and rules. PCT National Phase Patent application designation India can be filed within 31 months from the date of the earliest priority.

Patent of Addition and Division in India:

Application for Patent of Addition

As per section 54 of the Patents Act, Patent of addition is an application where the invention is a mere modification or improvement of an already filed patent application. The date of filing patent of addition shall be either same or later than the date of filing main patent application. A patent of addition is not granted before the main patent application. During the term of main patent, separate renewal fee is not required to be paid for the Patent of Addition. Patent of addition expires along with the main patent. However, if the main patent is revoked, the patent of addition is converted into an independent patent, if so requested by the patentee and same renewal fee shall be payable upon the same dates as if the patent has been originally granted as an independent patent.

Divisional Patent Application

Under section 16 of the Patents Act, a divisional application is one which has been “divided” from an existing application. The applicant, at any time before the grant of a patent can file a further application, if he so desires or if an objection is raised by the Controller on the ground that claims of the complete specification relate to more than one invention. The date of filing of a divisional application is same as that of the main application, from which it has been divided. The request for examination in case of divisional application is to be filed within 48 months from the date of filing or priority of the parent application or within six months from the date of filing the divisional application, whichever expires later. The term of patent for a divisional application is reckoned from the date of filing of main application or international filing date in case the application was divided out of National phase application under PCT.

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