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How to File a Patent

A patent application is filled as per the prescribed law of the country. Indian Patent Act 1970 prescribed the manner in which patent is filed and prosecuted in India. There are four Patent Offices in India such as Delhi Patent Office, Chennai Patent Office, Mumbai Patent Office and Kolkata Patent Office as per the jurisdiction of the place. The filing of the patent application has to submit the documents such as Form 1-application for grant of a patent, Form 2-specification, Form-3-infrormation about foreign filings and Form-5 declaration by the inventors. However, in order to avoid the long documentation procedure and cumbersome steps of drafting a complete specification, a person can file a provisional application with a specification without a claim too. But such application has to be followed up by filing a complete specification within 12 months from the date of filing of the provisional application.
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A Patent application can be filed by an inventor or by the assignee or by an attorney or by his legal representative in case of demise of the Inventor. An inventor can file a patent application in the Patent Office as an individual without authorizing a Patent Agent by submitting the required documents as mention above. The Patent Office prescribed different fee structure for individual applicants and the legal entities. But the formalities of filing an application remain same for an individual and a legal entity.

Once the patent application is file in India, it will be provided with the CBR No providing the application number and the date of filing the application. The application number provided will be used. The patent application can be filed in the Patent Office by submitting a hard copy of the documents in the Patent office or by electronically filing the application by uploading the required documents online.

After the completion of the 18 months the application is published by the patent office. However, if the applicant wishes for an early publication it can be requested by payment of the prescribed fees. The Request for examination is to be filed within 48 months from the date of fling of the provisional application. in order to grant a patent, the applicant should comply with the requirement of the patent office and its time line.