TYPES OF PATENT APPLICATIONS  

A.  Ordinary Patent Application 

It is a simple application for patent without any priority claim and not being convention or National Phase Application. It should be accompanied by a provisional or complete specification at the time of filing.

B.  Convention Application  

An applicant who files an application (“basic application”) for patent in a convention country can make convention application in India within 12 months from the date of basic application.

C.  National Phase Application under PCT

PCT stands for the Patent Co-operation Treaty. It is a sister treaty of the Paris Convention administered by the World Intellectual Property Organization (WIPO). The PCT system facilitates filing of patent applications under a single umbrella and provides for simplified procedure for the search and examination of such applications. This allows a resident or national of a PCT member state to obtain the effect of patent filings in any or all of the PCT countries and to defer the bulk of filing costs usually due on filing. India became a PCT Contracting state on December 7, 1998. 

Since December 7, 1998, it is possible to designate India in PCT applications and to elect India in the demand for preliminary examination. 

If India is a designated country in the PCT application and is also elected in the demand for preliminary examination filed within 19 months of the priority date, then the deadline for entry into the National Phase in India is 31 months from the Priority Date. If the applicant does not so elect India in the demand for

preliminary examination, then the deadline for entry into the National Phase in India is 21 months from the Priority Date. Therefore, all applicants who have designated India in their PCT application filed on or after December 7, 1998, will be able to file PCT National Phase applications in India.

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Posted in: INDIAN PATENT SYSYTEM