An application filed by an applicant in the Patent Office, claiming priority date based on a similar application filed in one of the convention countries is referred as convention application. The applicant is required to file the application in the Patent Office (India) within 12 months from the date of earliest priority application in the convention country.
Every convention application should contain:
- An abstract
- A complete specification
- Date of filing of the first foreign patent application and the corresponding convention country.
- Declaration that no other foreign patent application was filed before the date, as provided, of the first foreign patent application.
- Any claims in respect to developments/additions to the invention after the filing of the last foreign patent application.
- Any other document (including the priority document), in respect of one or more foreign patent applications filed by the applicant in Patent Office of the convention countries, should be provided within 3 months from the date of communication by the controller. However, if the document is in a foreign language other than English, a verified English translation of the document should be provided.
A set of forms is also required to be filed at the time of filing only by electronic transmission duly authenticated, including scanned copies of original documents. The original documents should be submitted to the Patent Office within 15 days from the date of filing or submitting that document electronically. Form-1, form-2, form-3, form-5 must be filed at the time of filing the patent application. Form-9, form-18 and form 26 are optional at the time of filing the complete specification and may be filed after filing the complete application. Form-3 is filed when the patent application is filed in other countries also for the same invention and form-26 is filed when the patent application is filed through an agent.
Forms to be filed:
Form 1: Application for grant of patent
Form 2: Provisional/ Complete Specification
Form 3: Statement and undertaking under section 8
Form 5: Declaration as to inventorship
Form 18: Request/ express request for examination of application for patent
Form 26: Form of authorization of a patent agent/ or any person in a matter or a proceeding under the act
One application may be made by any or all of the persons (applicant, assignee or legal representative of the applicant) for two or more applications (cognate) in one or more convention countries, within twelve months from the date on which the earlier or earliest of those applications was made.
The fee for filing of the convention application varies as per requested services and status of the applicant (natural individual, start-up, small entity, other than small entity). Further, 10% additional fee is payable when the patent application is filed through physical mode i.e. in hard copy format. The detailed breakup of the fee can be obtained from a fee schedule published by the Patent Office. (http://www.ipindia.nic.in/writereaddata/Portal/IPOFormUpload/1_11_1/Fees.pdf)