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Filing a patent application & mode of filing in India

Right time for Filing a Patent Application

Filing should be completed at the earliest possible date and should not be delayed.

Delay in filing an application may entail following risks:

  1. Other inventors might forestall the first inventor by applying for a patent for the said invention
  2. There may be an inadvertent publication of the invention by the inventor himself/herself or by others independently of him/her.

Therefore it is imperative that the application is filed before it is made public and used publicly.

If an applicant is negotiating with a company, it is advisable that Non-Disclosure Agreement (NDA) be executed so that the invention is kept confidential and its novelty is not destroyed.

Filing of patent application – Electronic or physical

With the introduction of online filing of patent applications in 2007 and its further upgradation to Comprehensive Patent filing services in 2012, a patent application can now be filed electronically. The Indian Patent Office has put in place an online system for this purpose. Amongst various features, the highlights of this system include:

  • Digital Signature as well as Password based login
  • Proper Validations with IPO Patent database
  • Web based system
  • Improved procedures to minimize transaction errors
  • User Profile

More information related to online application is available on the website of Patent Office i.e. www.ipindia.nic.in

To read more about patent law in India, click on the links below:

Patent Law in India

Patent Filing in India

Patent Application in India

Patent Prosecution Flow chart in India

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