Inventors protect their innovative products and services by applying for patent. Patent attorneys advise clients to file a patent and secure their intellectual property rights covering unique features of their invention. The process to patent an idea begins with invention disclosure to review the novel and inventive features of the invention. Subsequently, the patent attorney drafts the patent application, which may be provisional patent application to secure the patent pending rights. Inventors can work closely with US licensed patent attorneys to file a US patent application using the filing platform of the US Patent and Trademark Office or the USPTO.
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.
Under Paris Convention, international patent applications are filed in India within 12 months of the priority date. Few important points of considerations are:
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:
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).
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.
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.