Patent application is a document filed in the Patent Office as an application for grant of a Patent for an invention accompanying a set of claim. It should be in a format prescribed under the Indian Patent Acts and Rules. The patent application is accompanied with a specification consisting of a title, field of the invention, objective of the invention, description, working examples and drawings showing how the invention is made and operates. It contains a set of claims which define, in words, the exclusive rights sought by the inventor for the invention.
The patent application should be accompanied with the following documents:
A person seeking to obtain a patent must file a patent application in a Patent Office falling under its jurisdiction. Once the patent application complies with the Patent Act and Rules, it is processed for further prosecution.
- 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
Type of patent application
Patent can be filed in India as
- Provisional application
- Complete specification
- PCT application
- Conventional application
- National phase application
A provisional patent application is usually filed without a set of claims. The main purpose of filing a provisional application is to obtain an earliest priority date which will prevent competitors to work in the relevant technology. A complete specification is filed within 12 months from the date of filing of the priority application which sets out the scope of the invention with the claims.
A number is assigned to the patent application by the Patent office bearing the jurisdiction of the Patent Office and year of filing. The number is assigned to a domestic patent application as xxxx/DEL/2011. For a national phase application filed in India through PCT number is assigned as xxx/DELNP/2011.
In India patent application is published after 18 months from the date of filing of the priority application. Applicant can search for the published patent application in Indian Patent site http://ipindia.nic.in/ipirs1/patentsearch.htm