Indian patent office is trying their best to make filing process as user-friendly as possible. Now, An Inventor can also file Provisional Patent Application without following any scientific rules and regulations. Intellectual Property Office of India gives us an online tool to eFile Patent Applications easily and effectively. In this post, I will explain "How to file provisional patent applications in India"
According to Section 9 of Indian Patent Act 1970, There exist two types of patent specifications:
1. Provisional Patent Specifications.
2. Complete Patent Specifications (Non-Provisional according to USPTO)
These are the basic applications that can be filed in Indian patent office.A complete specification must be filed within 12 months of filing provisional patent specifications.
Documents required to file Provisional patent applications in India
Your documents must be in order. Without proper documents and specifications, you are throwing a stone in the river without knowing where it will go. Mentioned below are the lists of documents that are required to file a provisional patent application in India.
A. Form 1 ( Application for grant of patent)
B. Form 2 (Provisional Specifications)
C Abstract of the Invention.
D. Form 5 ( Declaration of Inventorship)
E Form 26 (Power of Attorney). If your patent is filed by a Patent Agent then this form is necessary, otherwise not.
F E-filing fees (Patent Statutory fee) (Electronic Payment)
G. Form 3 (Corresponding foreign patent application statement and undertakings)
H. Priority Document ( This is used for convention applications if priority date is claimed)
I. Illustrations/Drawings of the invention.
How to file Patent Application in India
All types of forms are available online. Click here to read the next steps in pdf manual.
Before filing a patent application, you must do patent prior search. Patent prior search is an important step before filing a patent.
What will you do if your invention is already present on the web?
In this case, you are doing "Patent Infringement" indirectly. Don't you want to explore "How to do Patent Prior Search" to avoid future calamities.
So, It is suggested to do Patent Prior Search by a Registered Patent Attorney/Advocates/Patent Experts.
This post is for information purpose only and doesn't constitute any legal advice/suggestion etc. I am not responsible for any action taken by you after reading this post.
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