Intellectual Property / Patent / Filing patent application at IPO

Filing the Patent application at IPO

A patent is an exclusive right granted to an inventor for an invention that protects the inventor against any unauthorized use of such a patent, the patent is mostly granted for a period of 20 years and the patent holder can take legal action against any unauthorized use of such patent. The patent holder has the right to grant an exclusive or non-exclusive license to use the patent to anyone for a specific period, the patent holder shall receive consideration for the license. The licensee’s rights to use the patent shall be limited and the licensee shall pay a royalty to the patent holder out of the profit made by use of such patent.

 Therefore, we can say A patent is basically the granting of protection to an invention, which is a means of doing something new or providing a new technical solution to a problem. However, there are some inventions that might not get patents such as discoveries, mathematical methods, commercial methods, plants and animal varieties, scientific theories, etc. Also, methods, surgeries, and treatments that are done on humans and animals do not get patented in some nations.

 Filing the Patent application at IPO under Patent Cooperation Treaty (PCT)

This treaty provides simple and easy methods for creators to apply for and in the end seek patents in many other countries. It also helps in promoting and easing the swapping of technical information enclosed in patent documents to workers of industries.

The benefit of using this treaty is that when an applicant files one application in one patent office, in a single language, he seeks a filing date and this date has further effect in every other PCT contracting state. It also provides a time duration where applicants can think about the proceedings in different nations.

A patent application filed under the PCT is called an international application, or PCT application. A PCT application is an international application governed by the Patent Cooperation Treaty and can be validated in up to 142 countries.

 A PCT application is filed with a Receiving Office (RO) such as Indian Patent Office (IPO), which then transmits the PCT application to IB (International Bureau), WIPO, Geneva.

Types of patent applications:

  1. Provisional Application
  2. Ordinary Application
  3. Convention Application
  4. PCT International Application
  5. PCT National Phase Application
  6. Patent of Addition
  7. Divisional Application

The documents required Filing Patent application:

  • Declaration as to inventorship
  • Statement and Undertaking
  • Proof of right to make an application.
  • The authorization of an agent

 Filing Requirements:

  • Full name, Address, Nationality of each Applicant, and inventor.
  • A copy of the Complete Specification, claims, abstract, and drawings (if any), in the English Language.
  • Verified English translation of the priority document. The same can be submitted subsequent to Filing as well.
  • A Power of Attorney signed by an Applicant or an authorized person of each applicant, in the original. The same can be submitted subsequent to Filing as well.
  • Proof of Right is a document evidencing the transfer of rights from inventor to Application. The same must be submitted within six months of the Indian Filing Date.
  • The duly completed Applicable Forms required for Indian Patent Filing shall be provided to our clients, for the signatures, upon entrusting us with filing an application in India.

Service Inclusions

Professional Fees

Service Exclusions

GST, Government Fee, and other Additional Taxes

 Process followed by White Code.

  1. The Client has to register themselves on our website.
  2. Once the Client is registered, we raise a Service Request.
  3. The Client receives a proforma invoice with an option to confirm and pay now or pay later
  4. Once the Client confirms, our dedicated relationship manager liaisons with our experts and clients share a list of client information required to deliver the service.
  5. Once we receive the information, we take the required steps to deliver the service and the service request is closed.

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