Types of Online Patent Registration in India
Online Patent registration in India helps the patent holder to get economic rights. It also motivates patent holders to involve in further innovation. For a smooth registration, the applicant should first know the types of the patent application for the registration purposes. Before proceeding with the types, it is very important to know the meaning of complete specification and provisional specification.
The complete specification is a document, which fully and particularly describes the invention and discloses the best method of performing the invention.
The provisional specification is a document which discloses a partially completed invention. When the applicant finds out that his invention has reached a stage wherein it can be disclosed on paper, but has not attained the final stage, may submit the written document of the invention to the Patent Office as a provisional specification.
There are 5 types of online patent applications in India and they are explained as follows,
- Ordinary Application – An application which has been filed directly in the Indian patent office is known as Ordinary Application. These applications are without the claim of priority. Such applications are filed to get the protection only in the home country and not in other countries. Complete specifications must be mentioned in the application. However, under this application, the applicant has the power to convert the complete specifications into a provisional specification and file the complete specification within 12 months from the filing of the first complete specification.
- Convention Application –When a person has made an application for a patent in respect of an invention in a convention country (the basic application) and that person makes an application for protection even in Indian Patent office then such an application is known as Convention Application. Priority document is required in convention application as prescribed under the Paris Convention. The applicant can claim for a convention status under the convention application, provided that the applicant files an application in the Indian Patent Office, within 12 months from the date of first filling. The option of converting the complete specification into provisional specification is not available when the applicant files for patent registration using a convention application.
- PCT Application – Patent application can be filed under the Patent Cooperation Treaty (PCT) by designating India in the application. Such an application is admissible in India provided that a corresponding application has also been filed before the Controller in India. A provisional specification cannot be filed in case PCT application.
- Divisional Application – If in case the application filed by the applicant, is objected by the Controller, the applicant may divide the application and file further applications in respect of invention disclosed in the provisional or complete specification already filed. Examination of a divisional application is always done in relation to the main application. These are the applications that can result from the division of an Online Patent e filling in India. A provisional specification cannot be filed in this case of application. In case of a divisional application, the priority date of the claim is the date of filing of the first mentioned application.
- Patent of Addition Application – An applicant may use the patent of addition application when the applicant is intending to get patent for an improvement or modification of the invention disclosed in the main application for which he has already applied for or has already obtained a patent. Application of patent shall be given only after the grant of the main patent. When the main patent expires, the patent of addition also expires. However, upon a request from the applicant, patent of addition can be converted into an independent application.
These are the types of the patent registrations available in India. For registering Online Patent e filling in India conveniently, Company Vakil, a leading firm in IP registrations, is highly advisable.