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Patent Application Filing

A patent application is a complex legal document and should be prepared by someone trained to prepare such documents. An application for a patent can be filed by the true and first inventor. The legal representative or assignee of the inventor can also file it. It can be filed individually or jointly. If an application is filed by the assignee, proof of assignment has to be submitted along with the application. The applicant can be national of any country.

An application can be filed directly at the Indian Patent Office or via the Patent Cooperation Treaty having a corresponding Indian application or in the form of a Conventional application. A patent application can be filed at any of the four patent offices in India. Patent Offices are located at Kolkata, New Delhi, Chennai and Mumbai.

Every patent application filed directly at Indian Patent Office shall be accompanied by a provisional or complete specification. In case of Patent Cooperation Treaty or Convention application, applicant can file only the complete specification. Provisional applications are usually filed at a stage where some experimentation is needed to perfect the invention. A complete specification has to be filed within 12 months extendable to 15 months from the date of filing of the provisional specification. If a patent application is filed with a complete specification, the Controller on request has the power to convert the complete specification into a provisional one. If a complete specification follows a provisional specification, the controller on request can post the date of filing to the date of complete specification. Filing of a provisional specification allows the applicant to obtain an early application date.

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