Types Of Patent Application
“To keep a patent in force, the renewal fees specified in the First Schedule shall be payable at the expiration of the second year from the date of the patent or of any succeeding year, and the same shall be remitted to the patent office before the expiration or the second or the succeeding year.” – Rule 80 of the Indian Patent Rules.
PATENT is a statutory right granted for an invention that is novel and not available in the public domain. The Government grants these rights to the patentee after full disclosure of the information related to the invention. This right is given for a limited period – 20 years from the date of filing of the application.
The different Types of Patent Application are
- Provisional Patent Application
- Ordinary Patent Application
- Convention Patent Application
- PCT International Patent Application
- PCT National Phase Patent Application
- Patents of Additions
- Divisional Patent Application
Ordinary Patent Application
While filing the for patent application if the applicant does not want to file with priority claim or without any reference to any other application under process then the applicant has to opt for an Ordinary or Non-Provisional application. In case of filing of a Non-provisional application, the applicant has to file the complete specification within 12 months from the date of provisional application.
Provisional or Complete Patent Application
A Provisional Patent Specification is a preliminary application before filing for the final patent. It elucidates the invention in a comprehensive manner but not completely. It is not mandatory but usually filed before the Application for complete specification. As per Section 9 of the Indian patent Act, if the applicant fails to file the complete application within 12 months of filing the provisional specification, then the application will be deemed to be abandoned.
Section 135 of the Indian Patents Act deals with convention application. A convention application is filed for claiming a priority date based on the same or substantially similar application filed in any of the convention countries. The applicant is required to file an application in the Indian Patent Office within a year from the date of the initial filing of a similar application in the convention country.
PCT International Application
To streamline the process of Patent application and filing in many countries in a single go, the concept of PCT International Phase Application was brought into effect.
PCT National Phase Application
Talking about PCT National Phase Application, this application has to be filed in each country separately in which protection is sought. This application has to be filed within 30/31 months from the priority date or date of international filing, whichever is earlier. PCT however does not guarantee grant of patent as it is the discretion of the patent office (national or regional) of each country to grant or reject the patent application.
To understand the working of divisional patent, reference has to be taken from Section 16 of the Indian Patents Act, 1870. The applicant before the grant of the patent feels that the exiting patent application can be divided to claim two independent patent applications, and then they can opt for divisional patents. The date of filing of divisional patent is same as the date of filing of main application.
Patent of Addition
Section 54 of the statute lays down guidelines for patent of addition. If the applicant desires to modify or improve an already filed patent application, then the applicant can file a patent of addition. It is to be noted that a patent of addition can only be granted after the grant of the parent patent; therefore, no renewal fee is to be paid during the course of the original patent validity. The patent of addition is valid till the original or main patent is valid. If the main patent is revoked, the patent of addition gets the independent patent identity and if desired and requested by the applicant, the same renewal fees can be made payable as if the patent has been originally granted as an independent patent.