The patent filing procedure in India includes some mandatory steps to follow. In addition, patent is one of the pillars of Intellectual Property (IP). A patent gives its owner the right to exclude others from making and selling an invention for a limited period of time. Moreover, any Indian citizen, organization or any international client has the eligibility to file a patent in India on an individual basis.
Patent filing procedure in India: Essential Steps
You can file a patent application either directly at the Indian Patent Office or by a national phase PCT application. However, one needs to follow certain steps for patent filing in India:
You need to start the patent filing procedure by filing Form 1 all up to Form 26.
Patent application forms:
|1||Patent grant application form that includes: Name and address of the inventorInformation corresponding to prior patent application.|
|2||Complete specification form that describes the invention in detail.|
|3||Statement and Undertaking form that includes: Information relating to patent in other countries for the current invention that the applicant provides.Undertaking, that one will update the controller with regards to the filing of the application outside India. One must update the controller until the patent gets its grant.Power to the controller, by which he can ask the applicant to furnish details for application’s processing outside India.|
|5||Inventorship declaration form declares the inventors of the subject matter.|
|9||Request publication form (optional) to publish patent application form within one month of its filing.|
|18||Request examination application form that indicates that the application is ready for the examiner to examine.|
|26||Patent agent authorization form (if filed through a patent agent).|
The patent applicant needs to fill all of the above forms to complete the patent filing procedure in India. Subsequent to filing these forms with the appropriate fees, you will receive a patent application number from the patent office.
Note: The patent applicant can either document provisional or complete specification in Form 2 depending upon the status of the invention. The documents that the applicant needs for both the specifications are as follows:
|Provisional Specification||Complete Specification|
|Drawings (if required)||Detailed Description|
|Sample or Model (if required)||Drawings (if required)|
|Sample or Model (if required)|
|Enablement and Best Mode|
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