Tag: PCT-National Phase Application

What is provisional and non provisional patent? How long does a non provisional patent last? How much does it cost to file a non provisional patent? What are the 3 types of patents?

Non- Provisional Patent Drafting

A non-provisional patent draft is a techno-legal document describing the invention in-depth and discloses the best method of carrying out the invention. Thus, also known as a complete patent application.

It is directly filed before the patent office by either a patent agent or an inventor where the inventor wishes to protect the invention.

A Complete specification / non-provisional  specification can be filed with either of the following two options:

1. Direct filing – Complete specification is filed directly before the Indian Patent office without filing any corresponding provisional specification.

2. Subsequent filing-

  • The complete specification is filed subsequently after filing a corresponding provisional specification within 12 months of the provisional application.
  • Using the PCT route

Analogy of Complete specification:

  1. Title
  2. Preamble to the invention
  3. Technical field of the invention
  4. Background of the invention
  5. Objects of the invention
  6. Statement of the invention
  7. Brief description of the drawings
  8. Detailed description of the invention
  9. Claims
  10. Abstract

Our Strategy

  • Thorough understanding of the invention disclosure form

  • Marking the important elements of the invention

  • Discussing with the inventor.

  • Claim Drafting

Incorporation of all the embodiments and illustrations Claim Enablement

First Set of claim preparation

Review and suggestions by the inventor

Incorporating the Inventor’s inputsSending to the inventor for the review for approval

Repeating step 2,3 and 4 till client’s approval

Final claims prepared after the final client approval.

  • Drafting Specification

Incorporation of all embodiments and illustrations

Claim Enablement

  • Sending the complete draft for multiple reviews.

  • Seeking an attorney review ( if applicable)

  • Sending the patent draft to the client

  • Incorporating suggestions from the client/ attorney

  • Preparing the final draft.

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Types Of Indian Patent Applications

An inventor can file the following types of Patent Applications before the Indian Patent Office:

1.Provisional Application
Provisional Application is a self-suggestive term i.e. temporary application filed with a Patent Office, to claim a “Priority Date” and when an invention is not complete in all aspects. It is less expensive to prepare and file and enables the inventor to study the feasibility of the invention in terms of potential markets, distributors, licensees. However the complete application needs to be filed within 12 months or else it will be treated as abandoned.

2.Complete Application
A patent application containing the complete specification and claims of the invention is called a complete application and this can be filed directly if the invention is complete in all aspects.

3.Convention Application
When an applicant files a patent application claiming a priority date based on the same or substantially similar application filed in one or more of the convention countries is known as a convention application.

An applicant should file the patent application in the Indian Patent Office within twelve months from the date of first filing of the similar application in the convention country to get “convention status” for the Indian Application.

4.Patent Cooperation Treaty (PCT) – International Application

An international application made in accordance with the Patent Cooperation Treaty (PCT) being the first application is called an international application, or PCT application.  An applicant needs to file just a single application with one receiving patent office in order to simultaneously seek a patent in multiple (up to 138 countries) across the globe.

The application is to be filed in English language within 12 months from the date of filing in India.

5.PCT-National Phase Application

An international application made in accordance with the Patent Cooperation Treaty (PCT) being the first application, can enter the national phase in India within 31 months from the international filing date or priority date (whichever is earlier). This application is filed before the Indian Patent Office claiming the priority and international filing date is called PCT National Phase application.

6. Divisional Application

When patent claims more than one invention, the applicant either voluntarily or in response to an objection based on lack of unity during the examination of the parent application at any time before the grant of the parent application can divide the parent application into two or more applications is known a Divisional Application.

The priority date for all the divisional applications is same as the Parent Application and it contains matter from a previously filed parent application.

7. Patent Of Addition

Any improvements or modifications in the patented invention as a natural process or as a result of feedback of the market or the industry then the original patented product or the process is protected by a “Patent of Addition” in India.

A patent of addition is only granted after the grant of the patent for the main inventions.

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