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Requirements for filing an ordinary patent application in India

Ordinary Patent filing in India:Ordinary patent application can be filed in India along with a provisional or complete specification. It is further distinguishable from other patents that it does not claim any priority from any other application. Specification is a technical disclosure statement that enables a person ordinarily skilled in the art to perform the invention. It begins with title of the invention and contains field of invention, prior art, objective of invention, summary of invention, detailed description of the invention, drawings, claims and abstract containing summary of the invention. Provisional application has to be followed by a complete specification within 12 months.

The basic mandatory requirements for filing an ordinary patent application in India are as follows:

1.     Name, address, particulars and nationality of applicant/s for patent

2.     Name, address and nationality of inventor/s of patent

3.     Provisional specification or complete specification with description, claims, abstract, drawings

Other filing requirements for Ordinary Patents India:

1.     Declaration as to inventorship within 1 month of filing application or along with complete specification where completed specification is filed after filing a provisional specification.

2.     Proof of right in favour of applicant from inventor in writing (assignment deed, employment agreement or any other arrangement) preferably notarised within six months from filing of application.

3.     Details of all corresponding foreign application within 6 months of filing of application and/or within 6 months of filing of Patent application in any country outside India.

Power of authority in favour of Indian Patent Attorney/ agent, to be stamped in India, notarisation not necessary. Should be filed as soon as possible so that the application can be proceed towards publication at the earliest and must be filed within 3 months of demand raised by the Patent office.