Filing a Patent in India

So now you have an Invention and you are planning to monetize it, the best way to monetize your invention is to file for a Patent.Let us proceed with understanding what you need in order to proceed with patent filing in India.

You may secure your invention either by filing provisional patent application or by filing complete specifications. Both these types of patent applications enable the applicant to secure the priority date which is very crucial in determining the fate of your invention.

The major difference in provisional patent application and complete specification is that in provisional specifications you define the scope of your invention broadly and generally the claims are not filed, after the filing of provisional patent application the applicant has got 12 months time from date of filing the provisional patent application to file the complete specifications, whereas when you file for complete specifications you give proper description about your invention along with its claims.

Once you are clear and sure which patent application you want to proceed with you may now need the below mentioned forms and documents for proceeding with patent filing In India.

1. Form 1 – Application for the grant of patent;
2. Form 2 – Provisional or Complete Specification; (Includes the details about your Invention, basically the written description of your invention.
3. Form 3 – Statement and undertaking by the applicant;
4. Form 5 – Declaration as to Inventorship; and
5. Form 26 – Authorization of patent agent, in case, you are filing through a patent agent.

It is important to note that provision for filing for a provisional patent application is not applicable for PCT Application and convention application.

The provisional application can only be file for ordinary application. We will explain you in details about the types of applications in our next blog. All of the above mentioned documents and forms are list of common documents required for patent filing in India. However, the list of documents might vary in accordance to type of patent application you are willing to file in India.

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