How to File Different Types of Patent Applications?


How to File Different Types of Patent Applications? : Let us first understand the various types of patent applications in detail. Patent applications may be classified into six different categories on the basis of its functionality, such as Ordinary, Convention-based, Divisional, Patent of Addition, PCT National Phase Application, and international patent application.

Read Also: Patent Application Types in India

How to File Different Types of Patent Applications? Different Patent Application Types

Patent Application Type Description
Ordinary application
  • Applications that does not involves any claims regarding priority of prior applications.
  • Can be of provisional (summarized form without the claims) and non-provisional (complete application with claims that has to be filed within 12 months of provisional application filing) type.
Conventional application
  • Applications which claim a priority date in one or more countries that comes under the Paris convention.
  • It has to be filed in the patent office, registered in any desired territory, within 12 months after filing the priority application.
  • Generally, patent specification (in English language), priority application details, certified copy of priority documents have to be submitted within a given time period (that may vary depending upon the area).
Divisional application
  • Applications can be divided into a number of individual applications on the basis of their functionality in the main patent application.
  • Also, the filing, priority date, and the term of the patent for the claims remains same as the main application.
Patent of Addition
  • Applications that includes improvements or modifications to the older or the main application can also be filed, but only by the same applicant.
  • This can only be filed once the main application has been granted, and thus cannot be filed if the old patent is ceased.
  • This will be ceased if the old application is not renewed.
  • Patent filing fees has only to be paid for this and not any additional renewal fees.
PCT application
  • Applications can also be patented in more than one country at the same time, by filing it under the PCT (Patent Cooperation Treaty that includes more than 150 contracted countries).
  • For this, a patent application just have to applied in a national or regional patent Office or WIPO, complying with the PCT formality requirements, in one language, by paying a basic fee.
International application
  • Applications can also be patented individually in the desired countries by registering patent applications in the territorial patent office of that region, by paying their basic fees.
  • This will include costs for translations, office fees, and hiring local attorney fees.

 

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Also read: A detailed discussion on Forms that are required while filing Patent Application in India.