4. Place of application
Persons entitled to apply
Type of specifications
Contents of application (provisional or complete)
Types of application
Priority date
Documents
4
5. Patent
offices
Territorial jurisdiction
Mumbai The states of Gujarat, Maharashtra, Madhya
Pradesh, Goa, Chhattisgarh, The Union
Territories of Daman and Diu and Dadra and
Nagar Haveli.
Delhi The states of Haryana, Himachal Pradesh,
Jammu and Kashmir, Punjab, Rajasthan,
Uttar Pradesh, Uttranchal, 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
of Pondicherry and Lakshadweep.
Kolkata
(head office)
Rest of India
5
6. True and first inventor of the invention
Assignee
Legal representative
6
7. Provisional specification
Describe nature of invention
Contain description of essential features
claims not necessary
details of the manner in which it to be performed
not necessary
Complete specification
Include details
7
8. Priority
Disclose to third party for funding
Explore commercial feasibility
Decide to continue the application
Decide countries of interest
8
9. Title (P)
Abstract (P)
Written Description (P)
Drawings (where necessary)
Sample or Model (if required by the
examiner)
Enablement and Best Mode
Claims
Deposit (Microorganisms)
9
10. Ordinary application
Convention application
PCT international application
PCT National phase application
Application for Patent of addition
DivisionalApplication
10
11. Date of first filing
Date of foreign filing if foreign application
filed earlier
Date of PCT international application
Concept of priority date
11
12. Form 1 - Application for the grant of patent.
Form 2 - Provisional or Complete Specification.
Form 3 - Statement and undertaking by the applicant.
Form 5 - Declaration as to inventorship.
Form 26 - Authorization of patent agent or any other
person. (if filed through an agent)
Priority document details have to be filed for a
Convention application.
Proof of right if the application is made by the assignee.
Death Certificate of deceased - Legal Representative.
12
13. Date of publication
Open for public inspection
Rights of patentee start
Circumstances when publication not done
Secrecy directions
Abandoned – non filing of complete spec
Withdrawn
Early publication
Rights start early
13
15. Request for examination
Formal examination
verifying the propriety and correctness of all
documents
verifying the patentability
First Examination Report (FER)
Amendments
15
16. Order for grant
Grant
Publication
Rights of patentees can be enforced
16
21. Disadvantages
Less Decision time
Translation fee
Attorney fee
21
First filing
0 12
Country filings
22. Unified procedure for filing patent
applications
Administered byWIPO
Entered into force in 1978 with 18 contracting
states
2010 (January) – 142 contracting states
India joined PCT on 07.12.98
22
26. National patent procedure
National fees
Translation if required
26
27. CONVENTION
No preliminary level help
as the filings are directly
done in each countries
Filing is costly and involves
a lot of effort
Country selection in 12
months
PCT
Help from the search
report for deciding to
continue and spend
resources
Saves time and effort
Country selection may vary
ordinarily between 20 to 31
months
27