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

  • Whether the Indian invention patent application can be DAS

    yes

  • Is a design application in India eligible for DAS?

    yes

  • How long does it take for an invention patent application to be granted in India?

    3-8 years

  • 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.

  • Indian invention patent application authorization and annual fee instructions

    Authorization Fee: None

    Annuity: The applicant shall pay the commenced and all due annual fees within 3 months from the date of granted. The annual fee shall be calculated and paid year by year from the third year from the application date, and shall be paid before the application date of each year. Overdue payment may be made within 6 months of the overdue period.

    Applicants are required to provide the Indian Patent Office with a report on the work of the granted patent, stating the commercial work status of the patent in the previous year, before March 31 of each year.

  • How long is the deadline for industrial design application in India?

    via Paris Convention : 6 months from earliest priority date.

  • How long is the protection period of industrial design in India?

    15 years

  • 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

  • Novelty Grace Period for Industrial Design Applications in India

    The grace period for novelty of an Indian design application is 6 months from the date of disclosure, provided the exhibitor has given prior notification to the Patent Office in the prescribed form. According to the provisions of the Indian Patent Act, the manner of disclosure shall be:
    - Presentation of designs at industrial or other fairs
    - Publication of the design during or after the exhibition
    - Display or publication of designs or design descriptions by third parties during or after the fair without the consent of the design owner

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

    7 months