Whether the Indian invention patent application can be type-converted

Submitted by 页之码 on

no

专利申请流程

IN India

  • Characteristics of the Indian invention patent application process

    Indian invention patents need to undergo formality examination and substantive examination, and the applicant/anyone should submit a request for substantive examination within 48 months from the filing date.

  • Is a design application in India convertible?

    no

  • How long does it take to authorize an industrial design in India?

    7 months

  • How long is the PCT period for Indian invention patent application

    • via Paris Convention : 12 months from earliest priority date.
    • via Nationalization of PCT : 31 months from earliest priority date.

  • What are the requirements for the Indian invention patent application documents

    Filing Language: English

    via Paris Convention via Nationalization of PCT

    Necessary documents:

    1. Abstract
    2. Abstract Drawing
    3. Claim
    4. Specification
    5. Drawing

    Necessary documents:

    1. Abstract
    2. Abstract Drawing
    3. Claim
    4. Specification
    5. Drawing

    Attachments (if any)

    1. Sequence Listing (PDF format and TXT format)
    2. Microorganism preservation certificate and its English translation
    3. Microorganism Survival Certificate and Its English Translation
    4. Power of Attorney
    5. small entity declaration
    6. inventor statement
    7. Scanned Copy of Certified Priority Document / DAS
    8. English translation of the priority certificate
    9. Declaration of Ownership/Certification of Employment/Assignment of priority
    10. Assignment for Patent Right Transfer
    11. Notification issued by CNIPA notify the applicant the application has passed through the security review
    12. IDS Form/IDS Document/Family Patent Information Form
    13. translator statement

    Attachments (if any)

    1. WIPO Publication
    2. ISR/IPRP
    3. Entry into the Indian national phase 19/28/34/41 amended
    4. Sequence Listing (PDF format and TXT format)
    5. Microorganism preservation certificate and its English translation
    6. Microorganism Survival Certificate and Its English Translation
    7. Power of Attorney
    8. Declaration of Ownership/Certification of Employment/Assignment of priority
    9. Assignment for Patent Right Transfer
    10. IDS Form/IDS Document/Family Patent Information Form
    11. translator statement

  • Can Indian invention patent application priority be restored?

    no

  • Novelty Grace Period for Invention Patent Application in India

    In India, if:

    - the details of the patent are disclosed without the consent of the inventor or any person entitled to the details
    - Disclosed in communications with the government regarding previous investigations into the invention or its merits
    - Publication at industrial or other exhibitions sanctioned by the Central Government of India
    - describe or use the invention in any such exhibition without the consent of the inventor or its proprietor
    - a description of the invention in a press intended for or used by the Society
    - the applicant, the applicant's successor, or an individual with the consent of the above-mentioned parties, disclosed in the public work when the reasonableness test is carried out

    The patent enjoys a novelty grace period within 12 months from the filing date or the priority date.

  • What are the requirements for Indian industrial design application documents

    Filing Language: English

    Necessary documents:

    1. Pictures of the design (six-sided views), each page of which should contain a statement of novelty and, if any, a waiver of exclusive rights to the mechanical function of the design and to the trademarks, works, letters and numbers used in the design statement, duly signed and dated.
    2. A Brief Description

    Attachments (if any):

    1. Power of Attorney
    2. small entity declaration
    3. inventor statement
    4. Scanned Copy of Certified Priority Document / DAS
    5. English translation of the priority certificate
    6. Declaration of Ownership/Certification of Employment/Assignment of priority
    7. Assignment for Patent Right Transfer
    8. IDS Form/IDS Document/Family Patent Information Form
    9. translator statement

  • Whether the Indian invention patent application can be DAS

    yes

  • Instructions for Authorization of Industrial Designs and Annual Fees in India

    • Authorization Fee: None
    • Annuity: The renewal fee is paid every 5 years. If the renewal fee is not paid within the time limit, it can be paid within the 6-month grace period and the penalty should be paid at the same time.