The 6 Types of Patent Applications in India

In this age of innovation, patents represent and safeguard the exclusive ownership and business prospects for an idea. Patent, an intellectual property right relating to inventions, is a grant of limited period for an exclusive right, provided by the government to the patentee, in exchange for full information of his/her invention. This would exclude others from making, selling, using, importing or process producing the said product for the defined purposes.

 

Patent gives legal protection to the patentee, enabling him/her to enjoy the benefits of his/her invention without accommodating the fear of copying of idea and a third party making a financial benefit from it directly/indirectly.

 

The patent system in India is governed by the Patents Act, 1970 (No.39 of 1970) as amended by the Patents (Amendment) Act, 2005 and the Patents Rules, 2003, as amended by the Patents (Amendment) Rules 2006 effective from 05-05-2006. Under these Acts, there are six types of patent applications in India :

  types of patent applications in india

1. Ordinary Application

It refers to a patent application which doesn’t claim any priority of application made or without reference to any other existing application under process with the Patent office.

 

2. Convention Application

Refers to the application filed by an applicant claiming priority date based on a similar application filed in one of the convention country. The applicant should file the application in an Indian Patent Office within twelve months from the date of first filing of a similar application in the convention country

The applicant of convention application shall furnish when required by the Controller, copies of specification or documents certified by the chief of the Patent Office of the convention country. A translation of the said documents has to be furnished if the same is not in English.

 

3. PCT International Application

In this, the applicant gains an international filing date in all the designated countries conferring the late entry (upto 31 months) to the national offices without affecting the priority date. This is the best and most comprehensive method for those applicants seeking protection for the inventions in many countries.

The Indian Patent Office is a receiving office for international applications too.

 

4. PCT National Phase Application

An international application, as mentioned above, can enter the national phase within 31 months from the international filing date. Called the PCT National Phase Application, this application filed before the Controller in the Indian Patent Office claims the priority and international filing date. The title, description, drawings, abstract and claims filed with the application shall be taken as the complete specification for the purposes of filing in India.

 

5. Application for Patent of Addition

Application for Patent of Addition comes into play when an applicant feels that his/her invention is a slight modification on the invention for which he/she has already applied for/has patent in India. There is no need to pay separate renewal fee for the patent of addition during the term of the main patent and expires along with the main patent unless it is made independent.

 

6. Divisional Application

In certain cases, either on his own request or on request of the Controller, when the application made by the applicant claims more than one invention, he may divide the application and file two or more applications as applicable for each of his/her invention.

The priority date for all the divisional application would be same as the one claimed by the parent application.\

 

If any individual in Kerala is to apply for a patent, the concerned Patent Office is at Chennai -

Intellectual Property Rights Building,
Industrial Estate Sidco Rmd Godown Area, G.S.T. Road,
Guindy, Chennai-600032, India

PhoneNos.: (044) 22322824-25,
FAX: (044) 22322878
Email: chennai-patent@nic.in

 

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