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Convention Application Filing Procedure and Process in India

Origiin IP Solutions > Blog  > Convention Application Filing Procedure and Process in India

Convention Application Filing Procedure and Process in India

Filing convention application in India:

  1. The Indian Patent Office is signatory of Paris Convention, whereby foreign (international) patent applicants can file convention patent applications in India.
  2. The conventional patent applications are filed in India under section 135 of the Patent Act 1970 by taking priority from an earlier patent application filed in a convention country.
  3. The convention patent applications can be filed with the Indian Patent Office within 12 months of filing a priority patent application in a foreign country.
  4. In case of multiple international patent applications, the convention patent application has to be filed in India within 12 months of the earliest priority date.

 

Minimum documents required for filing conventional application in India are:

  • Name, address and Nationality of Applicants and inventors.
  • Priority application number, date of filing, country, title of invention and applicant in convention country
  • Complete specification with description, claims, abstract and drawings in English.

 

Other requirements for filing conventional application in india are:

  1. Certified copy of Priority documents (within 3 months).
  2. English Translated copy of complete specification, priority document along with verification in support form within 3 months from date of requisition by the controller.
  3. Proof of Right to file Patent (like Assignment Deed or Employment contract or Form-1 signed by inventors): within 6 months from filing of the application.
  4. Declaration as the inventorship within one month of filing application.
  5. Power of authority in favour of Indian patent agent (may be filed later; no late fee).

 

Details all corresponding foreign applications within 6 months of filing of application and /or within 6 months of filing of patent application in any country outside India, the following details are required:

  • Name of the Country
  • Date of Application
  • Application No.
  • Status of the application
  • Date of publication
  • Date of grant
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