Indian Intellctual Property Matters, Patent & Trade Mark Attorneys

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PATENTS

Types of Patents in India
Patents offices in India
		      

1. Declaration as to inventorship within 1 month of filing application or along with complete specification where completed specification is filed after filing a provisional specification.ecification.
2. Proof of right in favour of applicant from inventor in writing (assignment deed, employment agreement or any other arrangement) preferably notarised within six months from filing of application.
3. Details of all corresponding foreign application within 6 months of filing of application and/or within 6 months of filing of Patent application in any country outside India.
Power of authority in favour of Indian Patent Attorney/ agent, to be stamped in India, notarisation not necessary. Should be filed as soon as possible so that the application can be proceeding towards publication at the earliest and must be filed within 3 months of demand raised by the Patent office.

Conventional Patent filing in India
The basic mandatory requirements for filing an ordinary patent application in India are as follows:
1. Name, address, particulars and nationality of applicant/s for patent
2. Name, address and nationality of inventor/s of patent
3. Complete Specification with description, claims, abstract, drawings

Other requirements for Patents India:
1. Declaration as to inventorship within 1 month of filing application
2. Certified copy of priority document where PCT/IB/304 not issued by WIPO within 31 months from date of priority
3. English translation of Complete Specification, Priority document along with verification in support within 31 months from date of priority or within 3 months of requisition made by the Controller.
4. Details of all corresponding foreign application within 6 months of filing of application and/or within 6 months of filing of Patent application in any country outside India.
5. Proof of right in favour of applicant from inventor in writing (assignment deed, employment agreement or any other arrangement) preferably notarised within 6 months from filing of application.
6. Power of authority in favour of Indian Patent Attorney/ agent, to be stamped in India, notarisation not necessary. Should be filed as soon as possible so that the application can be proceed towards publication at the earliest and must be filed within 3 months of demand raised by the Patent office.

PCT National Phase Patent filing in India
Other requirements for Patent India: 1. Declaration as to inventorship within 1 month of filing application 2. Certified copy of priority document where PCT/IB/304 not issued by WIPO within 31 months from date of priority 3. English translation of Complete Specification, Priority document along with verification in support within 31 months from date of priority or within 3 months of requisition made by the Controller. 4. Details of all corresponding foreign application within 6 months of filing of application and/or within 6 months of filing of Patent application in any country outside India. 5. Proof of right in favour of applicant from inventor in writing (assignment deed, employment agreement or any other arrangement) preferably notarised within 6 months from filing of application. 6. Power of authority in favour of Indian Patent Attorney/ agent, to be stamped in India, notarisation not necessary. Should be filed as soon as possible so that the application can be proceed towards publication at the earliest and must be filed within 3 months of demand raised by the Patent office.
Patent Prosecution in India
Publication
Pre- Grant Opposition
Examination
Patent Grant
Duration of Patent and Renewal