A patent application can be filed at any of the four patent offices in India (Kolkata, Mumbai, Delhi or Chennai).The patent application passes through the follow stages.
- Filing
- Publication
- Examination
- Opposition
- Grant
- Renewal
- Representation
The Application:
An application for a Patent is to be made in the format prescribed by the Patents Act and the Patent Rules. All applications are to be accompanied by a specification clearly telling the invention claimed. The following documents should accompany the application:
- Application for grant of patent in Form 1;
- Form 2 accompanied by two copies of the complete patent condition;
- Two sets of the drawing figures, if any, one set of which should be in thick A-4 size white sheets;
- Duly stamped authority of attorney in Form 26 authorizing the agent;
- Declaration of the inventor ship signed by the applicant in Form 5;
- Priority documents, if any, if not in English, English translation thereof;
- Proof for the applicant's right to apply for patent.
- To obtain a lodgment date, what is required is:
- The Specification;
- Name and address of the applicant;
- Name(s) and addresse(s) of the Inventor(s); and
- The priority details.
Form 1 must be signed by the inventors. However it could be signed by the agent at the time of lodgment and it can be substituted with a duly signed one within 3 months from the date of lodgment or at any time before acceptance of the complete specification. To claim priority from corresponding foreign filings, certified copies of the priority document should be filed. Upon filing a Patent Application, the Patent office issues an official filing receipt, which contains the Indian Patent Application Number assigned to the application.granted application shall remain open for objection for 12 months from the date of publication of the patent in the Patent Office Journal.
Query Form
|
