Patent Application – Registration
Patent Application – Registration is useful in India for an invention. Besides, a patent is a right approved to a person or business by the government that prevents others from making, using, selling, or importing the patented product or process without the patent holder’s approval or consent.
So, the first step for an inventor to protect his innovation from exploitation is to file for a patent. And also, Patent application in India is a time-consuming procedure; with India Filings, you can make your registration complete your registration smoothly.
Types of Patent Application in India
Provisional application: Firstly, a provisional application is useful when an invention is still in progress. In addition, this patent application is useful when innovation requires more time to develop.
Ordinary or Non-Provisional Application: Secondly, an application for an ordinary or non-provisional does not have any priority to claim.
Direct Filing: Further, the complete specification is with the Indian Patent Office without a corresponding draft specification.
Subsequent Submission – And also, the full specification is submitted after the corresponding draft specification and claims the priority of the draft specification.
Convention Application: The Convention Application is to claim a priority date based on a similar application filed in one of the Convention countries.
Therefore, to qualify for treaty status, the applicant must apply with the Indian Patent Office within one year from the initial filing of a similar application in the treaty country. So, a convention claim allows the applicant to claim priority in all convention countries.
PCT International Application: The PCT International Application does not result in the issuance of an international patent; it opens the way to a shorter patent application process in multiple countries.
Therefore, It is by the Patent Corporation Treaty, which can be useful in 142 countries. So, submitting this application will protect an innovation against copying in these countries.
National PCT Application – If the applicant discovers an innovation, or a modest modification of an invention, which has been applied for or patented by the applicant, he must file this application. Further, a National PCT application is filed if it does not require a significant inventive step.
Divisional Application: In addition, if an application claims more than one invention, the applicant may choose to divide the application and file two or more applications. And also, these applications have a priority date comparable to that of the principal application.
Eligibility for Patent Application Registration
The application for patent registration of an invention may be filed by any of the following persons, jointly with any other person or alone:
- Firstly, the true and first inventor.
- The true and first assignee of the inventor.
- And also, the representative of the deceased true inventor and the first beneficiary of him.
- According to the Patent Law, a “person” is an individual, a corporation, an association or group of individuals, or a government agency, whether incorporated or unincorporated.
- In the case of a sole proprietorship, the request is in the owners’ name.
- In general partnerships, the names of all personally liable partners are in the patent application.
- An assignee can also be an individual or a non-corporate person, such as a registered business, LLP, Section 8 business, educational institution, or government.
- So, the applicant is required to disclose the name, address and nationality of the true and first inventor.
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