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International Patent Filing in India

January 7th, 2020Provisional Patent Application

Patent applicants interested in global patent protection file convention patent application in India. Patent agent in India represents the patent applicants during proceedings before the Indian Patent Office.

Filing Patent Application in India

Under Paris Convention, international patent applications are filed in India within 12 months of the priority date. Few important points of considerations are:

  1. The Indian Patent Office is a signatory of the Paris Convention, whereby international patent applicants can document and file convention patent applications in India.
  2. The conventional patent applications are documented in India under section 135 of the Patents Act 1970 by taking priority from a previous patent application recorded in a convention nation.
  3. The convention patent applications can be documented with the Indian Patent Office within a year, i.e., 12 months of recording or filing a priority patent application internationally.
  4. As a stringent requirement, the convention patent application must be recorded in India within a year, i.e., 12 months of the earliest priority date.

Minimum documents required for filing conventional patent application in India are:

  1. The Name, address, and Nationality of Applicants and inventors.
  2. Priority application number, date of recording or documenting, nation, the title of the invention and candidate in convention country.
  3. Complete specification with depiction/description, claims, abstract and drawings in English.

Other requirements for filing the conventional application in India are:

  1. Certified copies of Priority documents which are within 3 months span.
  2. English Translated copies of the complete specification, priority report alongside verification in support form which is within 3 months from date of requisition by the controller.
  3. Proof of Right to document or file Patent such as Assignment Deed or Employment agreement or Form-1 marked or signed by the inventors, within 6 months from the recording of the application.
  4. Declaration as the inventorship within one month of the recording of application.
  5. Power of authority for Indian patent operator or agent (might be documented later; no late fee charged).

Details all corresponding foreign applications within 6 months of the filing of the application and /or within 6 months of the filing of patent application in any country outside India, the following details in the documents are required:

  1. Name of the Country
  2. Date of the Application
  3. The Application Number
  4. The Status of the application
  5. The Date of publication
  6. Date grant

Time Limit Regarding Filing of a Patent Application

The Indian application has to be filed within 12 months of first filing in the convention country.

Minimum Documents required (required before 12 months)

It is important to have the Name, address, and Nationality of Applicants and inventors.

Priority application number, date of recording/filing, name of the country, the title of the invention and the candidate in convention country

Patent detail or specification, claims, and drawings in English.

Filing Requirements (May Be Filed After 12 Months)

Certified copies of Priority documents should be filed within 6 months span.

True Translated copy of complete specification documented in a convention country, if original application was not in English, filed within 6 months.

Proof of Right to record Patents such as Assignment Deed or Employment agreement or Form-1 marked or signed by inventors, within 6 months span.

Power of Attorney (might be documented later and no late fee is charged).

Following data (to the extent accessible) with respect to the application recorded in different nations, assuming any:

Ø Name of the Country

Ø Date of Application

Ø Application No.

Ø Status of the application

Ø Date of publication

Ø Date of grant

Certified Copy of Priority Documents

For convention applications, a certified copy of priority documents with English interpretation must be recorded within 3 months from the date of communication by the Controller.

Patent Filing Strategy

It is obvious from the investigation that patent is allowed not for the thought, notwithstanding, exceptional it might be, yet for the novel, valuable and inventive method for doing it. Patent law pre-imperatives an innovation to be new, creative and above all no noticeable and equipped for industrial application for drawing in protection. A creation is said to be new on the off chance that it has not been foreseen by publication in any record or used in the nation or somewhere else in the world before the date of documenting of the patent application, for example, the subject has not fallen in public domain or doesn’t shape some portion of the “state of the art”. An innovation, after the production, turns into the patentee’s sole property for twenty years.

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Getting a patent universally is exceptionally basic in current occasions as the market of theft or piracy and duplicity are expanding quickly. There is no single platform in the world that can give the patent on any innovation or improvement comprehensively however near this ideal circumstance is getting a patent through PCT, which is likewise alluded as the best method for increasing patent around the world. PCT application goes about as a single-window process and takes into account one time searching and primer assessment at the International stage. This takes out the requirement for national patent offices to lead search exclusively. This lessens time and cash.

PCT application postpones the procedure for acquiring a patent, as the application needs to enter explicit national offices extensively. For most nations, application to enter a national phase need not be made before 30 months from the date of priority. On the off chance that a national application was documented rather than a PCT, a choice must be made within 12 months of span from the first filing. It is likewise apparent from the examination a nation’s market economy is additionally needy upon the working of a fruitful patent framework.

Advocate Rahul Dev is a Patent Attorney & International Business Lawyer practicing Technology, Intellectual Property & Corporate Laws. He is reachable at rd (at) patentbusinesslawyer (dot) com & @rdpatentlawyer on Twitter.

Quoted in and contributed to 50+ national & international publications (Bloomberg, FirstPost, SwissInfo, Outlook Money, Yahoo News, Times of India, Economic Times, Business Standard, Quartz, Global Legal Post, International Bar Association, LawAsia, BioSpectrum Asia, Digital News Asia, e27, Leaders Speak, Entrepreneur India, VCCircle, AutoTech).

Regularly invited to speak at international & national platforms (conferences, TV channels, seminars, corporate trainings, government workshops) on technology, patents, business strategy, legal developments, leadership & management.

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