Patent Filing Requirements in India
To minimize the cost of Patent filing and prosecution in India, there are number of things an attorney should take in to account.
In the event you are filing a PCT national phase application, provide your associate in India following information:
(i) Application details including title of the invention, names, addresses and Nationality of the inventors; applicants.
(ii) Complete specification as filed before the International office with claims, drawings and abstract.
(iii) English translation of the International Application if filed and published in language other than English.
(iv) Certified copy of the priority document/s if Form PCT/IB/304 is not available
(v) English translation of the priority documents, if filed and published in language other than English
Priority documents are to be filed in India within 31 months from date of priority, therefore if Form PCT/IB/304 is not available, provide your associate the certified copy of priority documents along with your instruction, so that all documentation can be completed on time.
Where the International application or the priority application are in language other than English, provide an English translation of the same to your associate.
Demand from your associate that power of authority as well as other formal documents be sent to you for execution.
The following requirements can be complied within 6 months from date of filing of the application, if your associate charges for late submission of documents these documents/information can be supplied along with the instructions to file the application.
- Where the Applicant is not the inventor, provide your associate with the Assignment deed or any other document by which the inventor/s have assigned their rights to the Applicant.
- Details and status of corresponding Applications in other countries for the same or substantially the same invention.
It will not only save the filing cost but also will minimize your prosecution cost as you would not be required to file petitions along with official fee for not complying with the formal requirements on time and seeking extension of time.
In India, the Patent rights accrues from the date of publication of application in India, it is therefore advisable to ensure speedy publication of the application. Ordinarily in case of the PCT national phase applications the statutory period of waiting till publication i.e. 18 months is already over, therefore the associate should be advised to expedite the publication by chasing the concerned authorities.
A Patent application in India is not examined unless a request for Examination is filed within 48 months from the date of priority. The ordinary time frame from filing of request to issuance of examination report is 18-24 months therefore it is also advisable to file the request for examination as soon as possible (not to wait for 48 months deadline) to expedite the grant in India.
The time frame for putting the application in order of Grant is 12 months from date of issuance of the examination report, but it is advisable to file the response and initiate the discussion with the examiner as soon as possible to avoid any last minute hassles.
About the Author:Author is an Advocate and Patent and Trademark Attorney with Aswal Associates, Attorneys at law & Intellectual property, New Delhi, India and can be reached at sudhir@aswal.com. Author is a member of APAA, Delhi Bar Council, Delhi High Court Bar Association and Supreme Court Bar Association.
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Excellent Chocolate Recipes:
Superb Chocolate Icings, Caramels, and more:
Icing, also called frosting, is a sweet often creamy glaze made of sugar with a liquid such as water or milk, that is often enriched with ingredients such as butter, egg whites, cream cheese, or vanilla and is used to decorate, cover or add flavor to cakes, cookies or other baked goods.
Chocolate Meringue Pudding
- 1 cup of milk,
- 2 eggs (yolks),
- 2 tablespoonfuls of flour,
- Pinch of salt,
- 4 teaspoonfuls of Baker's Cocoa,
- 3 tablespoonfuls of sugar,
- 1/2 a teaspoonful of vanilla.
Put the milk in the upper part of the double-boiler, and heat. Mix flour and cocoa together and soften in a little cold milk; mix until free from lumps. When the milk is hot, add the flour, and cook, stirring often, eight or ten minutes. Beat yolks of eggs lightly; add sugar and salt, and mix well. When mixture in double-boiler has cooked sufficiently, strain it over the mixture in the bowl. Put back in double-boiler and allow it to cook one or two minutes (stirring constantly), just enough to slightly thicken the eggs. Remove from the stove, and when cool add vanilla and put in the serving-dish. Cover with a meringue. Place dish on a board, put in the oven with the door open, and allow it to remain there for ten or fifteen minutes, and when the meringue will not stick to the fingers, close the door and let it brown slightly. This pudding can be eaten warm or cold, but is much better cold. This will serve four persons generously.
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