The first step towards securing a patent to your invention in India is to file a patent application in the Indian Patent Office. Patent filing can be submitted online or in the form of hard copies to the patent office.  One of the important steps while filing a patent application is preparing a patent specification which means that every application for a patent shall be made for one or a group of inventions which are connected to a single inventive concept.

Application for Patent filing for different kinds of patent (Ordinary Patent, Patents of addition and Convention) may be made, either alone or jointly with another or jointly by two or more corporations as assignees.

Documents Required For Filing a Patent Application

Application form in triplicate, Provisional or complete specification in triplicate – If the provisional specification is filed it must be followed by complete specification within 12 months (15 months with extension), Drawing in triplicate (if necessary),  Abstract of the invention (in triplicate), Information and undertaking listing the number, filing date and current status of each foreign patent application in duplicate, Priority document (if priority date is claimed), Declaration of inventorship where provisional specification is followed by complete specification or in case of convention application, Power of attorney (if filed through Patent Agent) and Fee in cash/by local cheque/by demand draft.

Appropriate Office for Filing Patent Application

Indian patent offices are located at Delhi, Kolkata, Mumbai, and Chennai. The patent application has to be filed in the appropriate office based on your/your company’s location.

A patent lasts for 14 years from the date of filing the complete specification (if an application is filed with provisional specification on January 1, 1989, and a complete specification is filed on January 1, 1990, the duration is counted from January 1, 1990). However, for food, drug and insecticide patents, the life is seven years from the date of the complete specification, or five years from the date of sealing, whichever is shorter.

Assisting the Client

The professionals at LexOrbis IP Attorneys provide expert advice to the clients in order to address their IP related concerns. One of these concerns is the filing of Patent. Assistance may be sought at LexOrbis IP Attorneys which aims at securing the widest patent protection for its clients.

For any queries on IP, call India’s first cost-free helpline number 080-6191-5503/05.