Types of Patent Application in India
In India, the following types of patent applications can be filed for patent registration process
- Ordinary Application:Â This is the most common type of application and is filed by the applicant directly with the patent office
- Convention Application:Â It is filed by an applicant who has already filed a patent application in a convention country
- PCT International Application:Â This application is filed under the Patent Cooperation Treaty (PCT) and is recognised in all member countries.
Validity Period of the Registered Patent Registration:
The validity period of a registered patent is 20 years from the date of filing
Steps: Patent Registration Process
The process of patent registration in India involves the following steps:
- Step 1:Â File the patent registration application with all the needed documents
- Step 2:Â After the application is filed, it is published in the official journal, which is available to the public
- Step 3:Â Submit a request for the patent application’s evaluation. The patent office will review the application after receiving the request for examination and issue a report on the invention’s patentability
- Step 4:Â If the patent office is satisfied with the patentability of the invention, it will grant the patent to the applicant.
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Documents for Filing Patent Registration Application
The following documents are to be submitted along with a patent registration application:
- A complete specification of the invention, including the details of how it works and its applications
- A provisional application for the patent
- A declaration of inventorship and ownership of the invention
- Drawings and diagrams of the invention, if applicable
- Details of the applicant or owner of the invention.
What Are the Recent/Last Amendments in the Patent Act, 1970?
The most recent amendments to The Patent Act, 1970 were made in 2019. These amendments introduced several changes, such as:
- Software and business procedures are now included in the definition of an invention that qualifies for patent protection
- The term for the grant of a patent for pharmaceutical products was increased from 20 years to 20 years plus an additional 5 years
- The procedure for the expedited examination of patent applications was introduced.