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Patent Filing in India

India is a member of the Patent co-operation Treaty and Paris Convention from the year 1998. Patent applications can be filed in India through the PCT route or by filing directly as a conventional application.

Term of the patent: 20 years India Patent Law: Patent Act 1970 (amended 2005) Indian patent Office: Controller General of Patents, Trademarks and Designs

 

Paradigm to obtain a patent in India:-
  • Patent Filing
  • Examination
  • Acceptance (Notice of Allowance) or rejection.
  • Payment of the Issue Fees.
  • The patentee shall pay annual fees beginning with the 3rd year.
Documents required for filing of Patent Application in India

1. PCT National Phase Application

  • WIPO Publication
  • International Search Report
  • International Preliminary Examination Report
  • English translation of the specification, if PCT application is not in English
  • Power of Attorney

2. Convention Application under Paris Convention

  • Complete Specification
  • Translation of the complete specification either in English or Hindi
  • Priority Documents (English translation of Certified copy)
  • Power of Attorney
  • Assignment
Remarks:
  • Power of Attorney : 90 days from the date of filing
  • Request for Examination : 36 months from date of priority
  • Excess claim fee for over 20 claims
  • Excess page fee for over 30 pages
  • Timeline for entry into National phase in India is 31 months
  • Timeline for filing a conventional application in India is 12 months