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Home » Patent Filing
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Patent Filing |
A patent is granted for a product or process which fulfills the criteria of novelty, inventive step and industrial applicability. Patent system provides a platform to eventually encourage new technology and economic development by rewarding an inventor or applicant with a monopoly rights for a limited period of time.
Patent filing system in India
- Patent can be filed in India as :
- Provisional application
- Complete specification
- PCT application
- Conventional application
- National phase application
A provisional application is filed without a set of claims and its main purpose is to claim an earliest priority date. A complete application should be filed within the 12 months from the date of the priority application. Similarly, a PCT and conventional application is filed within the 12 months from the priority date. A national phase application is filed in India with 31 months from the date of filing of a priority application. The required documents for filing an application in India are :
- Form 1 - Application for grant of patent
- Form 2 - two copies of the complete patent specification
- Two sets of the drawing figures, if any, one set of which should be in thick A-4 size white sheets
- Executed Form 26, power of Attorney
- Form 5 - Declaration of the inventorship signed by the applicant
- Priority documents, if any, if not in English, English translation thereof
- Form 3 - The Statement and Undertaking regarding corresponding foreign filings
- International Search Report for National Phase entry in India
- Fees as prescribed under Indian Patent Act and Rules
- Publication of a Patent Application : A patent application is published in the Indian patent website after 18th months from the date of filing of the priority application... get more about publication of patent application
- Examination : Examination of a patent application is not done automatically. The applicant or any interested third party should file a request for examination... get more about examination of patent application
- First Examination report (FER) : It is the examination report accompanying objections and requirements is sent to an applicant by the controller within six months... get more about first examination report
- Notice of allowance/ rejection of a patent application : On meeting the requirements and objections issued during the examination, the controller issue a notice of allowance... get more about notice of allowance/rejection of patent application
- Renewal Fees : After the grant of the patent, the applicant is liable to pay its maintenance fee in order to keep the patent alive... get more about patent renewal fees
| Patent Registration in Indian States |
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