In India, inventors and companies have various options for filing patent applications to safeguard their inventions. Each type of application serves a different purpose and is suitable for different stages of the invention process or specific strategic requirements. Here’s an overview of the types of patent applications available in India:
- Provisional Patent Application
– Purpose: To establish an early filing date while giving the applicant time to finalize the details of the invention.
– Duration: Valid for 12 months.
– Example: A startup developing a new type of battery technology can file a provisional application to secure the filing date while they complete their research and development.
- Complete Patent Application
– Purpose: To provide a full and detailed description of the invention.
– Requirements: Must include complete specifications and claims.
– Example: After finalizing the battery technology, the startup files a
complete patent application detailing the construction and working of the battery.
- Convention Patent Application
– Purpose: To claim priority from a patent application filed in another country that is a member of the Paris Convention.
– Deadline: Must be filed within 12 months from the date of the first filing in the convention country.
– Example: A pharmaceutical company files an initial application in the United States and within 12 months files a convention application in India, claiming the U.S. filing date.
- PCT National Phase Application
– Purpose: To enter the national phase in India based on an international application filed under the Patent Cooperation Treaty (PCT).
– Deadline: Must be filed within 31 months from the international filing date or the priority date, whichever is earlier.
– Example: An electronics company files an international PCT application to seek protection in multiple countries, including India, and enters the national phase in India within the prescribed time.
- Divisional Application
– Purpose: To divide an original patent application into two or more applications if the original contains more than one invention.
– Reason: Often filed when the patent office raises an objection about the presence of multiple inventions in a single application.
– Example: A biotechnology firm files a patent application covering multiple processes but is required to file divisional applications for each distinct process identified by the patent office.
- Patent of Addition
– Purpose: To protect improvements or modifications to an existing patented invention.
– Requirements: Can only be filed if the original patent is still in force.
– Example: A company holding a patent for a solar panel files a patent of addition for a new coating that enhances the panel’s efficiency.
- Application for Secrecy Direction
– Purpose: To request the Indian Patent Office to keep the details of an application confidential, usually for national security reasons.
– Example: A defense contractor developing new military technology may request secrecy direction from the Indian Patent Office to ensure that sensitive information remains undisclosed.
These different types of patent applications offer flexibility and options for inventors and companies seeking to protect their intellectual property
