Patent

INDIA

India is a member of the Patent Co-operation Treaty under which foreign applicants are permitted to get patent protection for their invention. Foreign Patent applicants and inventors can enter the national phase PCT application in India after filing the corresponding International Application.

PCT National phase applications are allowed to be filed   within   a   fix   time   frame   depending   on country-specific patent laws. In India, the timeline is 31 months from the earliest priority date or International filing date, whichever is earlier. It is to be noted that no amendment is allowed in the specification or claims, while entering the national phase in India. Filing of PCT application in India is much simpler than filing of normal national application since most of the formal requirements are resolved in the international phase itself. Even while examining, the Indian examiners most often follow the Search Reports conducted in the International Phase.

PARIS CONVENTION APPLICATION IN INDIA:

The Paris Convention for the Protection of Industrial Property was established in 1883 and is generally referred to as Paris Convention. Paris Convention allows reciprocity application claiming convention country. India became member of Paris Convention in 1998. The Paris Convention established the system of priority rights. Under the priority rights, applicant who files an application (basic application) for patent in a convention country can make convention application in India within 12 months from the date of first basic application and claim the original priority date.

VARIOUS STAGES OF PATENT GRANT IN INDIA:

Step 1: Filing of Patent Application

Step 2: Publication in official journal

Step 4: Request for Examination

Step 5: First Examination Report (Office Action)

Step 6: Filing of office action response

Step 7: Grant of Patent

Step 8: Renewal Fees

PATENT FILING DEADLINES IN INDIA

–PCT  national  phase  application: 31  months from the earliest priority date or International filing date, whichever is earlier.

–Paris convention application: 12 months from the earliest priority date

DOCUMENTS REQUIRED FOR PCT NATIONAL PHASE IN INDIA

Stage A: Requirement at the time of filing Patent application in India

–  The PCT publication number (WO publication number).

–  If  the  PCT  application is  not  in the  English language, a translation of the PCT application (a translation of the description, claims, any text matter of drawings,  abstract)

–     Applicant’s and inventor’s particulars (Name, address and nationality) – May be obtained from WIPO

Stage B: Requirement after filing of the Patent application in India

– Power of Attorney in our favor.

– Proof of right in the form of Assignment document or executed Form-1 (if applicant is not inventor)

– Copy of Form PCT/IB/304 or certified copy of the Priority documents and verified English translation thereof (in case priority document is not in English)

* DAS code may be submitted in lieu of certified copy of priority document

– Details regarding corresponding foreign applications

DOCUMENTS REQUIRED FOR PARIS CONVENTION APPLICATION IN INDIA

Stage A: Requirement at the time of filing Patent application in India

–   Applicant’s and inventor’s particulars (Name, address and nationality)

– Complete Specification (in English only)

– Priority(s) claim details (priority country, Priority application number, priority date, Applicant in priority application.

Stage B: Requirement after filing of the Patent application in India

–  Power of Attorney in our favor.

– Proof of right in the form of Assignment document or executed Form-1(if applicant is not inventor)

– Certified copy of the Priority(s) documents and verified   English   translation   thereof   (in   case priority document is not in English)

* DAS code may be submitted in lieu of certified copy of priority document

– Details regarding corresponding foreign applications.

• Specialisation:Drafting Patent Specification
• Proof reading of drafted specification
• Evaluating Invention and preparing opinion on its patentability
• Translation
• Filing PCT Applications
• Filing National Phase PCT Applications
• Filing Paris Convention Patent Applications
• Prosecution
• Renewal of Granted Patents
• Recordal of Assignments
• Opposition
• Litigation

FOR SPECIFIC REQUIREMENT IN ANY OTHER COUNTRIES, PLEASE FEEL FREE TO WRITE TO US AT INFO@ABHILASHAIP.COM.