How to file an application for Patent in India
An application for Patent in India for an invention may be filed by any of the following persons either alone or jointly with any other person:
1. True and first inventor
2. True and first inventor‘s assignee
3. Legal representative of deceased true and first inventor or his/her assignee.
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Steps for filing an application for Patent in India
An application for a patent in India must contain:
1. An Application to the Patent Office of India for grant of patent made out in Form 01.
2. If the inventor is not making the application for grant of Patent then applicant has to obtain a proof of right from the inventor to file the application. The Proof of Right is either an endorsement at the end of Form 01 or a separate document in the form of an assignment.
3. Provisional/Complete specification in filed made out in Form 02. A Complete specification must indicate the technical field; it must include the background and a description of the invention, in clear language and enough detail that an individual with an average understanding of the field could use or reproduce the invention. Complete specification are usually accompanied by visual materials such as drawings, plans, or diagrams to better describe the invention. Complete specification must contains at least one claim that is, information which determines the extent of protection sought by the applicant. See a sample of Complete Specification here.
4. Statement and undertaking under Section 8 is made on Form 03, if applicable. This statement is a document providing information to the Indian Patent Office about applications for grant of Patents made in other jurisdictions for the same invention and the status of these cases.
Under Section 08 for Indian Patents Act, 1970, an applicant must file Form 3 either along with the application or within six months of the date of application.
5. Declaration as to inventorship shall be filed in Form 05 for applications accompanying a Complete Specification or a Convention Application or a PCT application designating India.
6. A Power of authority (POA) made out on Form 26, shall be filed within three months of filing the case in India if the applicant is filing the application for grant of patent through a patent attorney or a Patent agent. If a general power of authority has already been filed for another application, a self attested copy of it may be filed by the patent agent. In case the original general power of authority has been filed in another jurisdiction, that fact may also be mentioned in the self attested copy.
7. Priority documents, certified by the Patent office of the jurisdiction where the application for same invention was first filed, are required in the following cases:
a. Convention Application
b. PCT National Phase Application wherein requirements of Rule 17.1(a or b) of regulations made under the PCT have not been fulfilled.
The priority document may be filed along with the application or before the expiry of eighteen months from the date of priority, so as to enable publication of the application. In case of a request for early publication, the priority document shall be filed before/along with such request.
8. Every application for a patent in India shall bear the signature of the applicant or authorized person/Patent Agent along with name and date in the appropriate space provided in the forms.
9. The Specification shall be signed by the agent/applicant with date on the last page of the Specification. The drawing sheets should bear the signature of the applicant or his agent in the right hand bottom corner.
10. If the application for patent in India pertains to a biological material obtained from India, the applicant is required to submit the permission from the National Biodiversity Authority any time before the grant of the patent.
11. The application form shall also indicate clearly the source of geographical origin of any biological material used in the specification, wherever applicable.
12. A request for examination is filed as given in Form 18.
Written by Mahesh Bhagnari, Patent & Trademark Attorney in India.
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