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:
- 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
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.
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
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