Ordinary Patent Application in India

Ordinary patent application in India can be filed in India along with either a provisional or a complete specification. Ordinary Patent Application is further distinguishable from other patents that it does not claim any priority from any other application. The Specification is a technical disclosure statement relating to the invention that enables any person ordinarily skilled in the art to perform the invention. Specification 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. It is not mandatory for a Provisional application to contain claims and must be followed with 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 all the applicant/s

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

3.      Provisional specification or complete specification

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

Other filing requirements for Ordinary Patents 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 or along with complete specification where completed specification is filed after filing a provisional specification.

3.      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.

4.      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. If no such application is filed, then a statement to that effect should be filed.