Patent Filing Requirements in India

To minimize the value of Patent filing and prosecution in India, there are number of things an attorney should absorb to account.

In the event you’re filing a PCT national phase application, provide your associate in India following information:

(i) Application details including title of the invention, names, addresses and Nationality of the inventors; applicants.

(ii) Complete specification as filed before the International office with claims, drawings and abstract.

(iii) English translation of the International Application if filed and published in language aside from English.

(iv) Certified copy of the priority document/s if Form PCT/IB/304 isn’t available

(v) English translation of the priority documents, if filed and published in language aside from English

Priority documents are to be filed in India within 31 months from date of priority, therefore if Form PCT/IB/304 isn’t available, provide your associate the certified copy of priority documents along side your instruction, in order that all documentation are often completed on time.

https://upload.wikimedia.org/wikipedia/en/0/03/PCT_Patent_Procedure.jpg

Where the International application or the priority application are in language aside from English, provide an English translation of an equivalent to your associate.

Demand from your associate that power of authority also as other formal documents be sent to you for execution.

The following requirements are often complied within 6 months from date of filing of the appliance , if your associate charges for late submission of documents these documents/information are often supplied along side the instructions to file the appliance .

– Where the Applicant isn’t the inventor, provide your accompany the Assignment deed or the other document by which the inventor/s have assigned their rights to the Applicant.

– Details and standing of corresponding Applications in other countries for an equivalent or substantially an equivalent invention.

It will not only save the filing cost but also will minimize your prosecution cost as you’d not be required to file petitions along side official fee for not complying with the formal requirements on time and seeking extension of your time .

In India, the Patent filing in india rights accrues from the date of publication of application in India, it’s therefore advisable to make sure speedy publication of the appliance . Ordinarily just in case of the PCT national phase applications the statutory period of waiting till publication i.e. 18 months is already over, therefore the associate should be advised to expedite the publication by chasing the concerned authorities.

A application in India isn’t examined unless an invitation for Examination is filed within 48 months from the date of priority. the standard time-frame from filing of request to issuance of examination report is 18-24 months therefore it’s also advisable to file the request for examination as soon as possible (not to attend for 48 months deadline) to expedite the grant in India.

The time-frame for putting the appliance so as of Grant is 12 months from date of issuance of the examination report, but it’s advisable to file the response and initiate the discussion with the examiner as soon as possible to avoid any eleventh hour hassles.