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What is the official procedure to file a patent?


Date: 21 Aug 2012   Posted By: Paresh Gujarati     Group: Science and Technology    Category: Science   

Hello members,
I am engineering student and want to know the official procedure about filing a patent in India. What is the eligibility? What is the fees for filing a patent? How much time does it take to review and grant the particular patent? Which department of India does take care of all the activity related to patent and its filing? What is the official duration for which we can avail patent?

This question is an extension to this old question


Want to know how to file a patent? Learn the steps of the official procedure of filing a patent in India, patent filing fees, time required and other details.


Author: Gaurav    21 Aug 2012      Member Level: Silver     Points : 10  (Rs 10)    Voting Score: 2

Patent application can be filed by an inventor, alone or jointly with others. In some cases any legal representative or assignee of any deceaased inventor can also file a patent.
The department which take care of all these activities is Indian Patent Office. Indian Patent offices are located at Delhi, Mumbai, Chennai and Kolkata. You can file the patent application in the appropriate office based on the location of your company.
To file a patent application, one has to submit form 1, form 2, form 3, and form 5.
After filing these application with appropriate fees, you will receive a patent application number from patent office. After that you can file form 9 and form 8.

Below I am providing description of each form along with their fees in Rs.

1 form - Application for Grant of Patent, fee 1000-4000.

2 form - Provisional/complete specification, No fee.

3 form - Statement and undertaking under section 8, No fee.

5 form - Declaration as to Inventorship, No fee

9 form - Request for publication, fee 2500-10000

18 form - Request for Examination of Application for patent, fee 2500-10000

You can submit form 1,2,3 and 5 online but remaining form 9 and 18 have to be submitted to the patent office by sending hard copies of the executed forms.
However it requires very complex process. Indian Patent Office has to grant/refuse the application. You can avail the patent for 20 years from the date of filing of patent application.
For more details please visit the website of Indian Patent Office.

Atlast, I would like to suggest you to careffuly study each form and you should provide appropriate information to avoid any adverse effect at later stage.
Hope it will help you.

Regards
BULLET


Author: Abhinav    22 Aug 2012      Member Level: Gold     Points : 12  (Rs 8)    Voting Score: 0

A Patent application can be filled by natural person (human beings) or legal person (registered company, firm, Society) for any invention or intellectual rights in Application Form 1 along with prescribed fee (refer this link for fee structure http://www.ipindia.nic.in/ipr/patent/manual/HTML%20AND%20PDF/Manual%20of%20Patent%20Office%20Practice%20and%20Procedure%20-%20html/Rules/Schedule%201.htm). A Patent application can be submitted through inventor himself, his/her assignee(proof of right would be needed in case of assignee Application form no 6) or legal representative of departed inventor. A Patent filed and approved by India Patent authority is valid for maximum 20 years,

In India Patent office are located in four locations Delhi, Kolkata, Chennai & Mumbai below are their address.
The Patent Office, Intellectual Property
Office Building, CP-2 Sector V, Salt
Lake City,Kolkata-700091, Phone :
23671945, 1946, 1987, FAX-033-2367-
1988, Email:- kolkata-patent@nic.in

The Patent Office,Intellectual Property
Office Building,G.S.T. Road, Guindy,
Chennai-600032, Phone: 044-
22502081- 84, FAX: 044-22502066,
Email: chennai-patent@nic.in

The Patent Office,Intellectual Property
Office Building,Plot No. 32, Sector 14,
Dwarka, New Delhi-110075, Phone :
011-28031032. 28031039, 28031044,
28031053, FAX:011-28031583,
28031432 Email: delhi-patent@nic.in

Patent Office Boudhik Sampada
Bhawan, S.M.Road, Near Antop Hill
Post Office, Antop Hill, MumbaiI - 400
037. Phone : 24137701, 24141026,
24150381, 24148165, 24171457 FAX :
24130387 EMAIL: mumbaipatent@nic.in

Full information can be obtained from this link http://ipindia.nic.in/ipr/patent/IPO_Office_Address.pdf

An applicant has to file patent application in Indian Patent office having the appropriate jurisdiction while considering the below things.

- Place of business, residence of the patent applicant
- Place where invention or intellectual right originally generated

If a foreign applicant, need an Indian patent, he has to provide an address for service in India.

Territorial jurisdictions of Indian Patent Offices are listed below:

Mumbai: The States of Gujarat, Maharashtra, Madhya Pradesh, Goa, Chhattisgarh, the Union Territories of Daman & Diu and Dadra & Nagar Haveli.

Delhi: The States of Haryana, Himachal Pradesh, Jammu and Kashmir, Punjab, Rajasthan, Uttar Pradesh, Uttarakhand, National Capital Territory of Delhi and the Union Territory of Chandigarh.

Chennai: The States of Andhra Pradesh, Karnataka, Kerala, Tamil Nadu and the Union Territories ofPondicherry and Lakshadweep.

Kolkata: Rest of India (States of Bihar, Orissa, West Bengal, Sikkim, Assam, Meghalaya, Manipur, Tripura, Nagaland, Arunachal Pradesh and Union Territory of Andaman and Nicobar Islands)


Types of Patent Applications:

- Ordinary Patent Application
- Convention Patent Application
- PCT Patent Application
- Divisional Patent Application
- Patent of Addition for addition or modification in patent application previously filed


Forms for filing a Patent Application

- Patent application in Form no 1, proof of right has to be produced by the inventor or intellectual property right holder
- Form no 2 for complete / Provisional specification
- Under section 8, form no 3 to be submitted for statement & undertaking if applicable
- Form no 5 for declaration of inventor ship
- Form no 26 for filing power of authority
-
A Patent application can be filled in person to above mentioned Patent offices or Online on this link http://ipindiaonline.gov.in/on_line. User manual fro e-filing of Patent application is available here https://ipindiaonline.gov.in/on_line/ipo_user_manual.pdf

Important links related to Patent filing in India

Official site for E-filing a patent application in India: https://ipindiaonline.gov.in/on_line/
User manual for E-filing a patent application in India: https://ipindiaonline.gov.in/on_line/ipo_user_manual.pdf
Fee Structure for filing a patent application in India: http://www.ipindia.nic.in/ipr/patent/manual/HTML%20AND%20PDF/Manual%20of%20Patent%20Office%20Practice%20and%20Procedure%20-%20html/Rules/Schedule%201.htm
Procedure to file a patent application in India offline/On-line: http://www.ipindia.nic.in/ipr/patent/manual/HTML%20AND%20PDF/Manual%20of%20Patent%20Office%20Practice%20and%20Procedure%20-%20html/Chapter%203.htm


Author: krishnaraj jadav    29 Aug 2012      Member Level: Gold     Points : 3  (Rs 2)    Voting Score: 0

Hello Paresh Gujarati,

I have linked my article in this site as below link.This article is for those who are innovators in this world who invent new product or design but don't know that there idea is already exits in world or not? so this article gives you direction for registration and for patent search.

Link to my article in ISC:
Introduction-Patent-Search-And-Patent-Search-Methodology

For any more information give response on my article I am here to solve your all doubts.

Great Regards,
Krishnaraj Jadav





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