Patent, an intellectual property grants an exclusive right to the inventor which excludes others from making, selling or importing the invention commercially for a specified time period.
TYPES OF PATENT APPLICATION
This application is filed when the invention is not created and is still under the process of experimentation and this application is also known as temporary application.
An application for patent filed in the Patent Office, claiming a priority date based on the same or substantially similar application filed in one or more of the convention countries.
An application for patent filed in the Patent Office without claiming any priority of application made in a convention country or without any reference to any other application.
This application is governed by the Patent cooperation treaty and is an international treaty which is valid in up to 142 countries.
An application can be made by a person claiming to be the true and first inventor of the invention or his assignee or by the legal representative of any deceased person who was entitled to make such application before his death.
After filing the application with the specification for the grant of the patent, a request for examination is made in the Indian Patent Office.
A representation for pre-grant opposition is to be filed within six months from the date of publication of the application, or before the grant under Section 11A of the Patents Act, 1970.
After a thorough examination and no objections, the patent is granted.
Any interested person can file for opposition within twelve months from the date of publication of the grant of patent
An application for a patent goes through various steps before it is granted. It currently takes between 4 to 6 years from filing an application in India to getting a patent in India.
- Complete specification (in English)
- Name, address and nationality of inventors’
- Name, address and nationality of applicants)
- Power of Attorney (To be filed in case the application is filed by a patent agent)
Assignment Deed or Application Form endorsed by the inventor (if the inventors are not the applicants)
- Details of corresponding applications filed in other countries (Information and undertaking under Section 8)
- Verified English translation of the Priority application (required for convention applications)
- Verified English translation of the PCT application (required only for national phase applications) Agent can verify the English translation of PCT application on behalf of the applicant.
- Certified copy of the priority application, if requested by the Controller (required usually for convention applications, but may also be requested for national phase application in case the priority document was not submitted with the International Bureau)
- Sequence listing in computer-readable text format (if any) (no print form is required to be submitted)
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