India’s Patent Act is the main source of legislation that deals with regulating patents in the country. If you’re trying to get an invention protected within Indian territory, you need to know the type of India patents available for you. That way, you can apply for the best one that protects your interests.
Here are the two types of patents existing in India:
This application is transitory, usually filed when you haven’t finished your invention yet. Take note, you need to be at the experimentation stage to qualify. The main goal is to ensure that you’re clear with your vision and ideas.
After you file for a provisional application, you have 12 months to complete it. Within this time frame, you need to finish the invention. You also need to assess its potential as a marketable product while thinking about its benefits.
As soon as your provisional application gets approval, you can put the “patent pending” tag on the product. You need to make a definite and precise provisional application. That way, you can secure your rights over the invention.
This type of patent application doesn’t need a prior temporary application claim. Once you complete both the form and structure of the product, you can submit all the requirements at the same time. Here are the requirements of a complete India patent application:
You need to make a patent search as soon as you have a clear idea. It’s an essential step since it allows you to check whether the invention already exists in India. Take note, you can only patent a product if no one did it before you.
Aside from the patent and its specifications, you also need to submit the following documents:
If you use an agent to make the India patent application, you need to give a letter of authorization. Make sure to prepare these files before you start applying for either type of patent.
A valid patent application should have the NIU factor. That means it should have novelty, inventiveness, and utility. If any of these aren’t present, it’s likely for it to get rejected.
When patenting an invention in India, know that the application can refer to a single invention or a group of inventions. As long as you put these under the same inventive concept, you can process it at once.
Do you need more help in your India patent application? If so, you can contact us for free consulation. We are the Hong Kong patent application grant (PAG) authorized patent agent and can help you to apply for the said grant and India patent application.
CtR Intellectual Property Co.
Hong Kong Patent Application Grant Authorised Patent Agent
Offering Professional Patent,
Hong Kong Trademark Registration & Related Services