How to file for Patent in India? How about Patent prosecution Management in India?
As any other tedious process of getting work done in any government organization, getting a patent may not be on the top of it, it’s been simplified over the years, but yes the time taken for it to grant depends on application to application, considering the patent subject matter and the criteria’s of the applications and its prosecution. What may not consume much of your time is the filing of the application at any of the registered patent offices.
A few steps and you’re on the way to file one of your ideas as a patent application. Talking about it is much easier than filing. This is where at Patracode we try to make it easier for our clients, wherein they do not have to go through all the trouble of filing an appropriate pre-formatted forms as per Indian patent Act and regulations.
We provide a flow of understanding to the clients from the roots and basic of filing an application and the regulations followed behind it. All our clients are asked to do, is to sit back and relax and watch their application pass through series of stages to obtain a patent grant. Patracode uses both the manual and E-filing i.e. the online filing routes as per the circumstances.
We help answer and support to few of the frequently asked queries and services like
- who can file a patent application?
- What is an invention/innovation as Indian Patent laws?
- What is Patent?
- What is patentable?
- Term of patent?
- Territorial Scope?
- Which is not patentable invention?
- Documents required for filling a patent application?
- What does a patent application contain?
- What happens to the Patent application after filing?
And many more.
Patracode has been filing over 2000 applications over the years and following on them until the end of prosecution.
The Series of filing as are follows,
Ordinary Application for Patent
An application for patent filed with the Indian Patent Office without claiming any prior dates of filing or reference to the same application under the process of the Indian patent office is called Ordinary Application i.e. a fresh application filed for the very first time.
Provisional Application & Complete Application
Provisional Application is filed to establish priority of the invention, or a reference or booking of the dates at the Indian Patent office as being the first to file regarding the Patent content and the subject matter or the conceptual stage disclosure.
To which a complete specification of the patent application with all the details is expected to be filed later. If Complete specification is not filed timely, i.e., within 12 months of filing the provisional specification, the patent application is deemed to be abandoned, with no pint of recovery.
A divided application as the word suggest is an application that has been requested by the Indian Patent Office to be divided in two or more applications, reason being there may be more than just one invention in an application.
As per the section 16 of the Patent Act an applicant shall file a further application before the grant of the application, based on the objection of the Patent Examiner or his/her own intervention. However the date of the filing of a division application is same as that of the main application. The request for examination of the division application can be filed within 6 months from the date of filing divisional application or 48 months from the date of priority or main application filing whichever is later. The term of a divisional patent application ends with the priority application.
Patent of Addition:
As per section 54 of Indian Patent Act, a Patent of addition is where the invention is a mere modification or improvement of an already patent application. The date of filing of addition shall be either same or later than that of the date of filling main patent application. Grant of a patent of addition cannot be earlier to the main application. Term period of patent of addition ends with the term period of main application.