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Convention Patent Application in India

Convention Patent Application in India  

Convention Patent Application claims priority from a convention application and has to be filed in India within 12 months from date of priority and is accompanied by a complete specification. 

The basic mandatory requirements for filing a conventional patent application in India are as follows:

1.   Name, address, particulars and nationality of all the applicant/s

2.   Name, address and nationality of all the inventor/s

3.   Complete specification in English

4.   Details of Priority Application i.e. Country, date of filing, Application no., title of invention, name of Applicant and IPC Code.

5.      If small entity status or start up status is claimed, supporting documents in support of such status

Other filing requirements for conventional Application in India:

1.      Power of authority (needs to be stamped with stamp fee in India, notarisation and legalisation not necessary)

2.      Declaration as to inventorship within 1 month of filing application.

3.      Certified copy of Priority document to be filed within 3 months from the date of filing of the Application

4.      English translation of the Priority document along with certificate of translation and verification in support to be filed within 3 months from the date of filing of the Application

5.      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, where Applicant is different from the inventor/s.

6.      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.