Professional Documents
Culture Documents
Patent Filing Procedure in India
Patent Filing Procedure in India
Patentability search:-
Before a patent application, it is important to conduct a patentability search in order to
determine the invention is patentable or not. Patentability search includes an invention must be
Novel, involve Inventive Step, Capable of being Industrial Application and should not be fall under
non-patentable subject matter of Section-3 and Section-4 of Patents Act, 1970.
• Any person claiming to be the true and first inventor of the invention;
• Any person being the assignee of the person claiming to be the true and first inventor;
• Legal representative of any deceased true and first inventor or his/her assignee;
Following are the four patent offices in India with territorial jurisdiction:-
The State of Haryana, Himachal Pradesh, Jammu & Kashmir, Punjab, Rajasthan,
Delhi
Uttar Pradesh, Uttarakhand, National Capital Territory of Delhi, Territory of
Chandigarh.
Kolkata Rest of India
Chennai The State of Andhra Pradesh, Karnataka, Kerala, Tamil Nadu and the Union
Territory of Pondicherry and Lakshadweep.
Mumbai The state of Gujarat, Maharashtra, Madhya Pradesh, Goa, Chhattisgarh, The
Union Territories of Daman & Diu and Dadra & Nagar Haveli.
• Ordinary Application
• Convention Application
• PCT International Application
• PCT National Phase Application
• Application for Patent of Addition
• Divisional Application
Patent Application can be filed by the following two ways in Indian Patent Office (IPO):-
• Declaration of Inventorship
• Statement and Undertaking
• Proof of right
• Authorization of patent agent
• Priority documents in case of Convention Application, PCT National Phase Application
• Permission from the National Biodiversity Authority if the application pertains to a biological
material.