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How to File Patent Application

How to file patent application

How to File Patent Application

Patent registration can be used to protect an invention involving a new product or process, inventive step and capable of being made or used in an industry. The steps to filing a patent application is discussed in another article. In this article, we look at how to file patent application.

Patent Applicant

A patent application cane be made by a person either alone or jointly or with any other person who is the true and first inventor or legal representative of the true and first inventor or true and first inventor’s assignee. As per the Patent Act, the term “person” includes any company or association or body of individuals, whether incorporated or not.

In case the true and first inventor does not include either the first importer of an invention into India or a person to whom an invention is first communicated from outside India. Then, the applicant is required to disclose the name, address and nationality of the true and first inventor.

Often times, employment contracts require those under employment to assign any intellectual property created during the course of employment to the business or organisation. Hence, assignee can be a natural person or a registered company, an organisation, an educational institute or government. Wherever, the inventor is not the applicant, a proof of right to apply by way of an endorsement or an assignment deed must be submitted by the patent assignee.

E-Filing of Patent Application

Most patent applications in India are e-filed through the facility offered by the Patent Office in India. The procedure for patent filing and list of documents required for patent application is covered in other articles.

Patent Office Jurisdiction

Patent application can also be manually filed at a Patent Office having jurisdiction by the applicant or through a Patent Attorney. Jurisdiction of a patent office is decided based on the following:

  • Place of residence, domicile or business of the applicant (first mentioned applicant in the case of joint applicants).
  • Place from where the invention actually originated.
  • Address for service in India given by the applicant, when the Applicant has no place of business or domicile in India (Foreign applicants).

India has four Patent Offices with jurisdiction across India at Kolkata, Delhi, Chennai and Mumbai. The following is the jurisdiction of each of the Patent Office in India:

Delhi Patent Office

The States of Haryana, Himachal Pradesh, Jammu and Kashmir, Punjab, Rajasthan, Uttar Pradesh, Uttarakhand, National Capital Territory of Delhi and the Union Territory of Chandigarh.

Mumbai Patent Office

The States of Gujarat, Maharashtra, Madhya Pradesh, Goa, Chhattisgarh, the Union Territories of Daman & Diu and Dadra & Nagar Haveli.

Chennai Patent Office

The States of Andhra Pradesh, Karnataka, Kerala, Tamil Nadu and the Union Territories of Pondicherry and Lakshadweep.

Kolkata Patent Office

Rest of India (States of Bihar, Orissa, West Bengal, Sikkim, Assam, Meghalaya, Manipur, Tripura, Nagaland, Arunachal Pradesh and Union Territory of Andaman and Nicobar Islands)