An assignee- company, firms, government to any other legal person may file the application provided the first and true inventor has assigned the invention to the assignee. The assignee is required to file the assignment deed along with the application or within six months from the date of filing the application. Depending upon the territorial jurisdiction, the application must be filed in any of the appropriate patent offices located in New Delhi, Kolkata, Mumbai, and Chennai. The application should be filed either in Hindi or English. The manner of writing, specification of the paper, margins, a signature should be as prescribed in law. The patent strategy in India can be comprehensively partitioned into the accompanying stages:-
1. Filing 2. Request for Examination 3. Publication 4. Examination 5. Opposition - Pre Grant and Post Grant 6. Registration and Renewal fee payment
Applications may be filed directly at Indian Patent Office or as a national phase application under PCT or as a conventional application claiming priority of the first foreign application. A convention application can be filed within twelve months after filing the first application in any member country of the Paris Convention. Even where two or more applications are filed relating to cognate inventions, a single convention application can be filed covering all of them. Convention applications can be filed only with complete specifications and not provisional specifications.
What are the fees for filing of the Patent in India ?
The applicant must file a patent application with the appropriate patent office in Form 1. The fees for filing a patent up to 10 claims and 30 pages of the specification are as follows:-
1. Startup or an individual - INR 1600 (for e-filing) and INR 1750 (for physical filling) 2. Small entity - INR 4000 (for e-filing) and INR 4400 (for physical filing) 3. Others- INR 8000 (for e-filing) and INR 8800 (for physical filing)
If more than 30 pages, then:
1. Natural people and startups have to pay INR 160/- each extra page 2. A small entity has to pay INR 400/- 3. Other legal entity is required to pay INR 800/- If the number of claims is more than 10, then:
1. Natural person and startups have to pay INR 320/- per additional claim 2. A small entity has to pay INR 800/- 3. Other legal entity is required to pay INR 1600/-
The applicant patent application along with the following documents/ forms:
1. Form 1- Application for grant of patent 2. Form 2- Provisional or Complete specification 3. Form 3- Statement or Undertaking by the applicant 4. Form 5- Declaration as to inventorship 5. Form 26- Authorisation of the patent agent
A patent application can be filed for one invention or a group of inventions relating to a single inventive concept. If the application is filed for more than one invention, the controller may require the applicant to divide the application. The applicant, who has filed more than one provisional specification, may also file one divisional application with complete specification. Each divisional application should cover a different subject matter.
A patent specification can be prepared by the inventor or the assignee himself or through a registered patent agent. Once the patent specification has been drafted, the applicant can proceed with the application before the appropriate patent office. At the applicant's option, a patent application can either be prepared with complete specification or provisional specification, which must be filed with Form -2. If the application is filed with provisional specification, then the applicant must file a complete specification within 12 months from the date of filing of the applicant.
A provisional application has certain advantages, which are:-
1. A provisional application helps in establishing an earlier priority date with respect to the invention. 2. Many inventors are able to obtain funding from potential investors on the basis of the provisional application. 3. A provisional application helps in saving time and costs. 4. A provisional application preserves the confidentiality of the invention.
The application can be hand-delivered or delivered through a courier service to the controller. The Patent Office has also provided an option to file the application electronically (with a digital signature).
The application is ordinarily published after 18 months from its filing or priority date, whichever is earlier. An applicant can make a request for early publication to the controller. After receiving early for publication, the Patent Office publishes an application within a period of one month provided the invention contained thereon does not relate to atomic energy or defense purposes.
Published particulars - Date of application, application number, name, and address of the applicant, along with the abstract, are published in the journal released by the Patent Office. These applications are open for public inspection after publication.
There are currently four patent offices in India. An applicant has significant freedom to choose the patent office where he can file the application. It may be filed with the office having jurisdiction over any of the following places:-
1. Residence of the applicant 2. Place of business 3. The place where the invention actually originated.
Table of patent offices and their territorial jurisdiction :
Office
Territorial Jurisdiction
Patent Office Branch, Mumbai
Maharashtra, Gujarat, Madhya Pradesh, Goa, Chattisgarh, Daman and Diu & Dadra and Nagar Haveli
Patent Office Branch, Chennai
Andhra Pradesh, Karnataka, Kerala, Tamil Nadu, Pondicherry, and Lakshadweep
Patent Office Branch, New Delhi
Haryana, Himachal Pradesh, Jammu and Kashmir, Punjab, Rajasthan, Uttar Pradesh, Uttaranchal, Delhi, and Chandigarh
Patent Office Branch, Kolkata
The rest of the India.