The patent applicant can filed in India as :
- Ordinary application
- Conventional application
- PCT application
- PCT National phase application
- Ordinary Application:
The following details are required for filing an ordinary application:
- Applicants' Details (Company or Individual)
- Name of applicant(s) with the complete address and nationality
- Inventors' Details (Natural Person(s))
- Full Name of Inventor(s) with complete address and nationality
- Complete Specification [or provisional specification if an application is filed with Provisional Specification]
- Description, Claims, Abstract & Drawings (if any)
- Conventional application :
The following details are required for filing a conventional application under the Paris Convention.
- Applicants' Details (Company or Individual)
- Inventors' Details (Natural Person(s))
- Full Name of Inventor(s) with Address and nationality
- Complete Specification with Description, Claims, Abstract & Drawings (if any)
- Priority claim details, Priority date, Priority country, Priority application number, Applicant in priority application, Title of the priority application
- Certified copy of priority document (may be submitted at later stage)
- Verified English translation of priority document (if relevant)
Timeline: Applicant can file a conventional patent application with 12 months from the date of filing of the priority application.
- PCT Application :
Documents required for filing a PCT application are :
- PCT RO/101
- Declaration
- Complete specification with Description, Claims, Abstract & Drawings (if any)
- Priority documents (to be transmitted by the Receiving Office on payment of the fees)
A PCT application can be filed in India in the Indian Patent Offices and the International Bureau. An application can file a PCT application within 12 months from the date of filing of the priority application.
- PCT National Phase filing :
- Applicants' Details (Company or Individual)
- Name of applicant(s) with the address and citizenship
- Inventors Details (Natural Person)
- Full Name of Inventor(s) with Address and citizenship
- Complete Specification with Description, Claims, Abstract & Drawings (if any)
- Priority claim details (if applicable), Priority date, Priority country, Priority application number, Applicant in priority application, Title of the priority application
- Certified copy of priority document (if not filed at IB)
- Verified English translation of priority document (if required by the Controller during examination)
- A copy of the PCT Application with details such as International Application Number, International Application Date, ISR copy, Amendment to claims or description if made at the International Phase and Corrections or changes made at the International phase (Form PCT/IB/306).
The timeline for filing a PCT national phase application in India is 31 months from the date of filing of the priority documents. In addition to the above requirements listed above applicant should also provide the following information from time to time:
- Details of all corresponding applications filed outside India, including application number, date of filing and current status. Application Form executed by the inventors/Applicants. In lieu of such form, an Original Assignment or a certified/notarized copy of the assignment filed for the priority application.
- If invention relates to micro-organisms
- Name of International Depository Authority
- Accession Number and Date of deposit
- Sequence listing as a Soft copy
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