Various Approaches to Filing a Patent ApplicationA patent application is a techno-legal document. It provides complete details of the patentable invention. To obtain exclusive ownership of an invention. Certainly, the applicant needs to know about the methods of filing a Patent. Learning the approaches available to secure their rights in one or more countries is obligatory. Yes, global patent ownership is essential to prevent your invention from getting any replica. Around the globe, people are looking for a chance to take over an empire. One mistake and everything falls apart. Even if you get late to buy your domain or get one renewed, people are waiting for such opportunities to earn monetary benefits from such delays. So, let’s get it all right and begin our journey to eliminate any chances of mistakes.
An applicant can make a strategy for filing a patent application based on the following:
- The objective of the business- The objective of the business is an essential part of the patent application. An applicant should describe the invention’s main business activities and role in the present business model. It is crucial to disclose the business objective, but it is mandatory. The documentation is incomplete without mentioning the objective of the business.
- Market situation – The business’s target market is present in the application. An applicant can share the research and analysis of the market situation. It helps the authority to ensure that the Patent is unique. Plus, the applicant’s vision presents a fair market situation in front of the authorities.
- Economic factors- The importance of the Patent, claims made, and related economic factors are a part of the application. An applicant must share the economic factors directly related to the invention.
Below are the different types of patent applications that can be filed in India :
- Ordinary Application
- Convention Application
- PCT International Application
- PCT National Phase Application
- Application for Patent of Addition
- Divisional Application
Ordinary Application:A typical application for a patent can file in a patent office without claiming any priority made in a convention country or any other reference to an application. Patent filing application of ordinary kind doesn’t include any description of any application in progress. It only includes the one made with an accurate description of the invention & claims. In this specific category of application, the two dates one is the priority date and the date of applying can be the same. A typical application can be approached in two ways or only one way, i.e. by filling provisional application or complete Specification.
A) A provisional applicationA provisional application is a non-final or preliminary application that can be filed to claim priority. As India follows a “first to file system”, securing the invention from becoming prior art is necessary. Filing a patent becomes easy when you consult a professional. A legal representative is an ideal person for a consultation. Not all attorneys offer guidance about patent filing. IPFlair is one of the top quality patent service providers working actively in India to guide and help patent applicants. It is also important that a complete specification follow the provisional application within twelve months from the filing of a provisional application. It is a good step as the applicant automatically avails following benefits:
- Considerable time is available to applicants to give final touches to their invention.
- A unique chance to analyze the current & prospective market situation.
- An opportunity to have a hand over the other competitors with a similar invention.
B) Complete SpecificationA Complete Specification can be filed directly or after the filing of a provisional application within 12 months from the date of filing of a provisional application. Complete Specification in different types of patent applications means an application has all the details of the invention. It is the one report with all the details, drawings, research, data, and relevant details. A complete specification includes the following:
- A copy of the priority document.
- Proof of Right to file Patent.
- Power of Attorney.
- A translated copy in case the application is not in English.
We will File a Patent Application with the most Suitable Method of Filing for Your Patent.
Convention Application :Firstly, If the request for a patent claims the priority date of the same or a large extent, a similar patent application filed in one or more of the Convention countries, it is called a Convention application. To claim convention status, an applicant must apply within twelve months from the basic Indian Patent Office (IPO) application.
PCT International Application :PCT stands for Patent Cooperation Treaty, an international patent law treaty providing a unified patent application filing platform that protects the invention in all contracting states. Under PCT filing, an applicant can file a single international application for a patent in a receiving office to seek protection simultaneously in all contracting member countries. After filing the PCT application, it takes approximately 31 months for the applicant to enter various countries.
PCT National Phase Application :PCT National Phase Application must follow International Application. A PCT National Phase Application has to file in each designating country where the applicant sought protection within 31 months.
Application for Patent of Addition :An applicant can file a patent for the improvement or modification of the invention he has already applied for or has a granted patent. No need to pay the extra renewal fee for the Patent of addition. It expires along with the main Patent. Also, there is no allotment of a patent for the main invention.
Divisional Application :When an application is made for more than one invention, an applicant can divide the application at any time before the grant of a patent and file the further application(s) for the previous invention(s). Learn about IPFlair Different types of patent applications are as per the different situations. But, to make filling a patent easy, one has to count on an expert. We are top professionals actively working in the field of Patent and IPR. With five decades of experience, we have come a long with to deal with all the possible types of patent applications. Thus, it helps us make the process easy, and we can offer the best services.
Perks of Choosing IPFlair as your Legal Guardian
- Reliable Services– We are offering a reliable service of filing a patent for each of our clients. We will take care of documentation, guide you about the right approach and help you throughout the process. Hence, It is not an easy task but a complex one that becomes simpler with our efforts.
- Expert Handling– The patent filling application will be under the observation of our team. Experts will be managing the whole step-by-step process. Making it convenient for the applicant. Therefore, We will ensure there is no mistake in the process.
- Facts check & Proper Research- In the beginning, Proper analysis and research are performed to ensure documentation is complete. The patent application needs to be complete, and we will do our best to do it for you.
- Complete Legal Assistance– Firstly, each client will be given proper guidance to simplify the task. We will be briefing about each step and sharing all information from the requirements to the period of allotment of the Patent.