To draft a patent application, the applicant must prepare an application form in form one and the specifications of the patent must accompany each application and has to be prepared in form 2. The applicant must provide either Provisional specification or complete specification depending upon the state of the invention. The applicant will get a time gap of 12 months if he files a provisional application to finalize the invention. A draft of the patent is also required to be submitted along with the application of patent and this draft will be used by the Patent Office, which will later decide on granting of the patent.
Form 1 Is the application for grant of patent, form 2 deals with provisional or complete specification, form 3 provide for statement and undertaking under Section 8 and the applicant will only require to Phil this form if the patent application is already filed in other countries. Form 5 is a declaration as to inventor shape and form 28 deals with forms submitted only by start-ups and small entities.
The ordinary application will require the name, address, and nationality of the applicant and inventor. Provisional specification or complete specification is a required document that needs to be submitted. Abstract, drawings, descriptions, and claims concerning the invention also need to be included for filing the patent. All the details corresponding to foreign applications are required as well as the current status, application number. The date of filing must be included along with the details that need to be submitted.
When the applicant wishes to file a convention application, he is required to submit documents regarding the name, address, and nationality of the applicant and inventors, a complete specification along with any abstract and drawing, claims and description. He also needs to provide details of priority claim and is should include priority date, the application number, and country. A certified copy of the priority document and verified English translation of the priority document will be required it can be submitted later also. All the details of foreign application as well as application number, current status, and date of filing is required document and needs to be filed along with the application.
If the applicant is filing PCT national phase application in India he is required to submit the documents regarding the name, address, and nationality of the applicant and inventor, he also needs to submit complete specifications which should include any abstract and drawing and claims. A verified English translation of PCT specification will be required if the application is in any language other than English. The applicant is required to submit PCT application details, details of the priority application and this should include application number, priority date, Country, a verified copy of priority document, and verified English translation of the same. All the details of the corresponding foreign application must be submitted and any other document that is applicable like Any particulars of the amendment made to specification during the international phase Or any correction or changes made at the international phase through form PCT/IB/306.
This Article Does Not Intend To Hurt The Sentiments Of Any Individual Community, Sect, Or Religion Etcetera. This Article Is Based Purely On The Authors Personal Views And Opinions In The Exercise Of The Fundamental Right Guaranteed Under Article 19(1)(A) And Other Related Laws Being Force In India, For The Time Being.
