KNC501/KNC601 Constitution of India, Law and Engineering
Chapter 14: Intellectual Property Laws
Filing of Patent Applications
When should an application for a patent be filed?
An application for a patent can be filed at the earliest possible date and should not be delayed. An application filed with provisional specification, disclosing the essence of the nature of the invention. Helps to register the priority of the invention.
Delay in filing an application may entail some risks such as:
- some other inventor might file a patent application on the said invention and
- There may be either an inadvertent publication of the invention by the inventor himself/herself or by others independently of him/her.
Who can apply for a patent?
A patent application can be filed either by true and first inventor or his assignee, either alone or jointly with any other person. However, legal representative of any deceased person can also make an application for patent.
How one can apply for a patent?
A patent application can be filed with Indian Patent Office either with provisional specification or with complete specification along with fee as prescribed in schedule. In case the application is filed with provisional specification, then one has to file complete specification within 12 months from the date of filing of the provisional application. There is no further extension of time to file complete specification after expiry of said period.
Filing patent application electronically by online system
One can file patent applications through comprehensive online filing system at https://ipindiaonline.gov.in/epatentfiling/goForLogin/doLogin.
More information for filing online application is available on the website of Patent Office i.e., www.ipindia.gov.in.
How can one register for online filing of patent application?
To register for filing of patent application, the user is required to obtain the Class II/III digital signature. After obtaining the digital signature, the user can register himself on the CGPDTM website by creating his user ID and password.