Types of Patent Applications
November 25, 2021
Biswajit Sarkar - IP Law Firm India
Post time: 2:31 pm
Suppose you and your patent attorney have approved the revised copy of the patent application. It should be filed as fast as possible with the patent office, once that happens.
It can be filed in different types. They are based on the following criteria –
What stage of invention is your product stuck in?
In which country do you wish your patent to be granted?
What is your budget for getting the patent?
Based on such criteria, you will find the following types of patent applications.
a. Provisional Application
A provisional petition is submitted when you are not quite prepared with your invention and wish to request time to work on research and development while not losing your priority date. Claims may not be included in a patent application.
You have 12 months from the moment you file your provisional application to file your entire patent application. Your application will be discarded if you do not file a comprehensive patent application within 12 months of filing a provisional patent application.
b. Complete Application
The entire application/specification covers the invention in detail, including the best mode and the entire set of claims. The following elements are included in the entire specification:
Preamble and Title
previous works of art
Drawback to prior art
Solutions to Prior Art Drawbacks
The Invention’s Summary
Invention statement
Description of the innovation in detail
A detailed description with drawings is provided.
Examples and Claims
c. Convention Application
A convention application is when an applicant files a patent application and claims a priority date. It is based on a similar application filed in a convention country.
You have twelve months from the date of the initial filing of a similar application in the convention nation to file the application with the Indian Patent Office.
d. PCT
PCT stands for Patent Cooperation Treaty. The PCT is administered by WIPO. Its main goal is to provide a system in which you only have to file one patent application. That will be searched by at least one international search authority. It will be examined by at least one selected International preliminary Examination Authority. Within 12 months of the date of filing in India, the application must be filed. It has to be filed in the English language.
To learn more about the procedure, please click here.
e. National Phase – PCT
PCT National Phase application is an application submitted with the Indian Patent Office. It claims precedence over an international filing date.
After filing an international application under the Patent Cooperation Treaty (PCT), the first application can reach the national phase in India within 31 months of the international filing date or priority date (whichever is earlier).
