PATENTS

Types of Patents in India

Patents in India can be classified under three categories depending upon their priority claim.
• Ordinary patent application
• Conventional patent application
• PCT national phase patent application

Ordinary Patent Application
Ordinary patent application can be filed in India along with a provisional or complete specification. It is further distinguishable from other patents that it does not claim any priority from any other application. Specification is a technical disclosure statement that enables a person ordinarily skilled in the art to perform the invention. It begins with title of the invention and contains field of invention, prior art, objective of invention, summary of invention, detailed description of the invention, drawings, claims and abstract containing summary of the invention. Provisional application has to be followed by a complete specification within 12 months.

Convention Patent Application
Convention Patent Application in India claims priority from a convention application and has to be filed in India within 12 months from date of priority and accompanied by a complete specification.

PCT National Phase Patent Application
PCT national phase patent application has to be filed in India after filing of PCT application in WIPO and within 31 months from date of priority and accompanied by a complete specification in English. The English translation of the priority documents (if filed in language other than English) should be filed within 31 months from the date of earliest priority or within 3 months of requisition made by the Controller. Where PCT/IB/304 is not issued by WIPO, certified copy of the priority documents should be filed within 31 months from the date of earliest priority.

Patents offices in India

Other Requirementsfor Patents  in India

PCT National Phase Patent filing in India

Patent Prosecution in India

Publication

Pre- Grant Opposition

Examination

Patent Grant

Duration of Patent and Renewal