Are you an inventor and want to file a patent for your invention then this post is for you.
According to " Section 7, Section 54 and Section 135 of Patent Act 1970" , There are basically 5 types of patent applications which are:
1. Convention Applications.
Convention applications are the patent applications made in convention countries. According to section 133 of Patent Act 1970, India is a part of Paris Convention and WTO Agreement.Besides this, India is also a part of Paris Co-operation and Budapest Treaty.
All the countries which are the members of this treaty will accept your patent application. This helps creators to ensure that their work is protected in those countries in which those treaties are applicable. It gives an international scope in the patent application and you don't need to spend your valuable time and money to create patent applications in those countries.
It is necessary to file convention application within the period of 12 months after filing priority application to get benefited of International Status of your patent.
If you get an International status of your application then you can sell your products in International countries or other developed countries exists in Convention Treaties.
2. Ordinary Applications.
Ordinary applications are the applications which do not claim priority of the application made and it doesn't refer to another existing application in process. Just go to any patent office or visit ipindia.nic.in to file your patent. You can also hire Patent Agents or/and Legal Representatives for that purpose.
3. PCT Applications (Paris Convention Treaty)
Paris Convention treaty comes under convention application and it must be filed within 12 months period of filing priority application in national phase. From this single application, your invention will be protected in 148 countries over the world. Only National Offices/Regional offices.
PCT Applications are further divided:
a. National Phase Application.
b. International Application.
Click here to know more about PCT Applications in Detail.
4. Divisional Applications.
Divisional applications are those applications which retain matter of previously filed applications.
Two things remain same in divisional applications
a. Filing date of parent patent application.
b. Claim the same priority.
5. Patent of Addition.
If the invention is already present in the marketplace and the inventor wants to modify the contents of the invention then the inventor can do this by using "Patent of Addition" mechanism adopted by the filing offices.The applicant must be same as of parent invention, and if it is a requirement to add another applicant then "Patent of Addition" becomes void and a new patent application must be granted for that patent.
In India, Patents are going to be a wide concept and an earning mechanism for individuals. Now,India is valuing the power of "Intellectual Property" and is designing more powerful version to filing Patent Applications so that Inventors from any part of the world can file patent application in India easily and effectively. But, Doubts are everywhere. If you are not sure how to proceed with the patent application and the provisional and complete specification of the patent then it is suggested to take help of Patent Engineers or/and Legal Representatives so that they can easily save your time and money in the ocean of plethora of information.
Now the end part
I think this brief introduction about "Patent applications in India" makes you little aware about patent protection and their mechanism. "Patent" itself is a very wide concept. It is not possible to learn it in one day.
If you have any query regarding "Patents" in India and you are established in any corner of the world you can contact me immediately. I will try my best to solve your query as soon as possible.
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