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Indian Patent Application

Updated:2018-4-24 16:10:00    Source:www.tannet-group.comViews:195

Indian patent application is governed by the Indian Patent Office. The most important factor in filing a patent application is preparing a patent specification. Drafting a patent specification is a highly skilled job, which can be only preformed by persons who have both technical as well as patent law expertise. If a person or company is serious about protecting their intellectual property, it is highly recommended to use the services of professional patent practitioners.

Type of Patent Applications
1. Ordinary Application, i.e., an Application which has been filed directly in the Indian Patent Office.
2. Convention Application.
3. PCT Application.
4. Divisional Application, which can result from division of a Patent Application.
5. Patent of Addition, which may be filed subsequent to the Filing of an Application for Patent, for an improvement or modification.

Contents of Patent Application
A patent application should contain:
1. Application for grant of patent in Form-1.
2. Applicant has to obtain a proof of right to file the application from the inventor.
3. Provisional / complete specification in Form-2.
4. Statement and undertaking under Section 8 in Form3, if applicable.
5. Declaration as to inventorship shall be filed in Form 5 for Applications accompanying a Complete Specification or a Convention Application or a PCT Application designating India.
6. Power of authority in Form-26, if filed through a Patent Agent.
7. Every application shall bear the Signature of the applicant or authorized person / Patent Agent along with name and date in the appropriate space provided in the forms.
8. The Specification shall be signed by the agent/applicant with date on the last page of the Specification. The drawing sheets should bear the signature of an applicant or his agent in the right hand bottom corner.
10. The Application form shall also indicate clearly the source of geographical origin of any biological material used in the Specification, wherever applicable.

Patent Duration in India
Term of every patent in India is 20 years from the date of filing of patent application, irrespective of whether it is filed with provisional or complete specification. However, in case of applications filed under PCT the term of 20 years begins from International filing date.

Since the rights granted by an Indian Patent Office extends only throughout the territory of the India and ceases to have effect in a foreign country, an inventor who wishes patent protection in another country must apply for a patent in a specific country(according to its law) either through: PCT route or through conventional filing of application.

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