Types of patent application

Types of patent application

A patent is a set of intellectual property rights which is granted to a patentee thus patentee is a person who has applied for the patent by the government to have an authority which provided the authority or exclusive right for ownership and business prospects for an idea however it is granted for a specific period of time in lieu of details information from the patentee regarding his/her invention or product thus this right would protect other from making, selling, using, importing or processing the products (s) with the consent of the patentee for instance if any third party claims that he also posses the same right then the matter will be settled in the court of law therefore it is advisable to know the finer details about the patent application types in india.

A patentee gets a benefit from his/her invention/discovery/idea due to the patent right thus he would not have any fear from the third party copying and making profit of this his exclusive right which includes invention directly/ indirectly as the patent law will forbid to let him perform such activity.

The patent system in india is governed by the patent Act, 1970 (No.39 of 1970) as amended by the patent (Amendment)Act,2005 and the patent Rules 2003, as amended by the patents (Amendment) Rules 2006 effective from 05/05/2006.

In accordance with this present rule there are six types of application in india which are described below.

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Procedure for patent Registration in india

  1. ORDINARY APPLICATION

The application of the patent once filled in the patent office that does not claim any priority of application made in a convention country thus without taking any reference to any application under process in the prescribed office is called an ordinary application thus the ordinary application must be submitted with mentioning of specification and claims.

2)Convention Application

As enumerated under Section 135 of Indian Patent Act, convention application is the application when filed by the applicant in respect of date claiming priority date based on similar application filed in one or more country.

Instruction for the applicant

The applicant is required to file the application is the Indian Patent office within the prescribed time of 12 months from the date of filling the basic / initial application which was frist filed in another convention country thus if a application is file in two or more countries then the application has to be file in india within 12 months from the date of filling the previous application.

Following the instructions of the controller thus the applicant has the responsibility to furnish copies of specification or documents that has been certified by the chief of the Patent office of the convention country thus you need to have a translated format of the above—mentioned documents must also be submitted if the language is anything other than English.

You don’t want these mistakes to happen while filling your patent application.

Company Vakil provides services related to Patent Registration

Step—(3) PCT International Application

(PCT) Patent Co-operation Treaty allows allows an applicant to give protection internationally for you invention can thus can be availed in 148 countries. One thing that should be kept in mind that the PCT—(patent co-operation treaty) does not allow the grant for an international patent thus it allows patent application to be submitted simultaneously in multiple countries within 30/31 months provided from the date of filling of PCT application.

It is one of the most comprehensive and cost-effective method for applicants aspiring to seek protection in regards of multiple countries across the world.

There are three ways by which an Indian applicant can file PCT international application these are listed below:-

  • Filing an application in Indian Patent office (IPO) acts as the receiving office.
  • It needs to be filed directly with the international Bureau of WIPO thereafter getting foreign filing permit from IPO.
  • The applicant can file in IB of WIPO after 6 weeks and within 12 months of the filing of an application in India.

Step-(4)PCT National Phase Application

A PCT international application can enter the national in 31 months of time from the priority date thus the national phase of a PCT patent application reflects a national filing in a respected country however this application is filed before the controller of the Indian patent office and claims the priority and date of international filing.

The filing is national patent application is much tough than filing the international patent application since most of the basic formal formalities are completed in the international phase itself. The applicant before entering the national phase is required to furnish these formalities.

  • Translated documents in English of Description, claims, Abstract, text matter of drawings.
  • A copy of international applicant has not received Form PCT/IB/308 and the Patent office has not received a copy of the international application from the international Bureau under PCT article 20.

Step–(5) patent of addition

If the applicant feels that his invention/discovery/idea has slight alteration for which he has already applied or has obtained thus the applicant can go for addition of patent.

Keeping these points in mind

  • The applicant is not responsible for paying a separate renewal fee for the Patent of addition during the term of this main patent.
  • The addition of the patent will expire in addition to the main patent until and unless it is made independent.

Step—(6)Divisional application

As soon as the application is made by the applicant he is liable to claim more than one invention, then out of the applicant’s own request or as instructed by the Controller thus the applicant would be required to divide the application thereafter file seperate application that would be liable for each invention this type of application that is divided from a primary one is referred to as Divisional Application. The priority date would however remains unchanged and same as that of the primary or patent application.

Summary

A patent is a set of intellectual property right which is granted to a patentee thus patentee is a person who has applied for the patent by the government to have an authority which provided the authority or exclusive right for ownership and is legal

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