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How to Apply for a Patent

Application of a patent is the first step for protecting an invention is a particular country. The patent application is applied in a country under prescribed Patent laws. The patent application mainly consists of a specification defining the invention with a set of claims and required documents such as declaration by inventors and information of equivalent patents are required to be submitted under the patent laws of most of the countries.

For applying a patent application, a patent application enclosing the specification is to be submitted in the patent office. Patent can be filed by an inventor, an applicant and a registered Patent Agent who is authorized to act on behalf of the Inventor or the applicant. One should have a registered office in India to be able to file in India directly. Therefore, the companies residing outside the particular jurisdiction can file an application through a registered Patent Agent.

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How to Apply for a Patent in India

India patent law is prescribed under the Patent Act 1970. Patent is granted to inventions in the field of the product and process. A patent can be filed in India by an individual or by his authorized agent. In India, patent application can be filed in the four patent office such as Delhi, Chennai, Mumbai and Kolkata Patent Office, depending on the jurisdiction of the applicant or by online. Online filing is fast, convenient and lessons the cumbersome steps of directly filing in the patent offices.

Types of application which can be filed in India are :
  • Ordinary application (provisional and complete specification)
  • PCT application/PCT National Phase application
  • Conventional application

For applying a ordinary patent application following documents are required to be submitted:
  • Form 1 - Application for grant of a patent
  • Form 2 - Provisional/complete specification
  • Form 3 -Informtaion and undertaking
  • Form 5 - Declaration by the inventors

The application if published in India after the completion of 18 months. The examination procedure in India is not automatic; therefore the applicant should file the examination within 48 months from the date of priority application. Failure to file the application will be treated as abandonment of the patent application. In order grant a patent, the applicant should meet the requirements by amending the application or by submitting arguments in favor his application in the Patent office.