PATENTS - Filing a Patent Application

PERSONS ENTITLED TO APPLY FOR PATENTS

•       An Application for a Patent for an invention may be made by any of the following persons either alone or jointly with any other person:

•       True and first inventor

•       True and first inventor’s assignee

•       Legal representative of deceased true and first inventor or his/her assignee

•       The term "person" as defined in the Patents Act includes Government. The term “person” as defined in the General Clauses Act, 1897 includes any company or association or body of individuals, whether incorporated or not. In the case of a limited partnership, the Application may be in the names of all personally responsible partners.

•       True and first inventor does not include either the first importer of an invention into India or a person to whom an invention is first communicated from outside India. The applicant is required to disclose the name, address and nationality of the true and first inventor.

•       Assignee can be a natural person or other than a legal person such as a registered company, a research organization, an educational institute or Government. Assignee includes assignee of an assignee also. Wherever, the inventor(s) is/are not the applicant, a proof of right to apply by way of an endorsement in the Application form (Form 1) or an assignment deed shall be submitted. 

•       Legal representative means a person who in law represents the estate of a deceased person. In such a case, the Legal Representative may be required to file appropriate legal instruments as Proof of Right.

•       In case of a convention application, the legal representative or assignee of the applicant in the Convention country can also file a Patent Application in India. 

TYPES OF PATENT APPLICATIONS

•       Ordinary Patent Application: It is a simple application for patent without any priority claim and not being convention or National Phase Application.

•       Convention Application : An applicant who files an application for patent in a convention country can make convention application in India within 12 months from the date of basic application.

•       PCT- International Application
The Patent Cooperation Treaty or PCT is an international agreement for filing patent applications. However, there is nothing called as a 'world patent'
The PCT application does not provide for the grant of an international patent, it simply provides a streamlined process for the patent application process in many countries at the same time.

•       National Phase Application under PCT
The PCT-national phase must follow the international phase. The applicant must individually 'enter into the national phase'. i.e. file a National phase application in each country he wishes to enter.

           

•       If the applicant does not enter the national phase within the prescribed time limit, the International Application loses its effect in the designated or elected States.

•       Patent of Addition 

•       Patent of addition is an application made for a patent in respect of any improvement or modification of an invention described or disclosed in the complete specification already applied for or has a patent.

•       Divisional Application 
A divisional application is one which has been "divided" from an existing application.

•       The applicant, at any time before the grant of a patent, can file a further application on the ground that the claims disclosed in the complete specification relates to more than one invention.

•       A divisional application is useful if a unity of invention objection is issued, in which case the second invention can be protected as a divisional application.

REGIONAL PATENT OFFICE’S JURISDICTION