Types of Patent Applications

Patent law in India allows the applicant to file following types of patent applications; Provisional application, complete application, International application (PCT), Patent of addition and division.

A patent application is a plea or bargain that is made with the patent office for the grant of protection. It usually comprises of a description of the invention with added official forms that's relevant to the invention.

There are several types of patent applications, and each serves a unique purpose.

Provisional Patent

A provisional application is a non- final application that is filed for an invention, that has not yet matured. It is beneficial only in the countries that follow the first to file system.

Early filing of the application prevents any other application to become prior art to your patent application and also gives time to make any additional development in the invention.

Remember: File complete specification within 12 months of provisional application or your application will be abandoned.

Non- Provisional Application

A non- provisional application is mostly followed after provisional application within 12 months of the former, or you might lose the early filing date and possibly any right over the invention.

Ordinary Patent Application

An application that is filed with the patent office without claiming any priority date. The date on which the application is filed is considered the beginning of the timeline of an application.

The drafting of specification in such application need to be meticulous and should begin with the title of invention, drawings, claims and summary of the invention.

Patent of Addition

After the grant of a patent has been obtained there is always a scope of improvement in an application and hence modification has to be made to improve the ordinary process of enhancing an invention.

Divisional Application

As the name suggests, a divisional application is where patent applications are divided from one another as a patent can only granted for a single invention.

The division mostly is done to when the examiner finds that the application contains more than one invention with inventive step and hence separate application is to be filed.

The International Patent System

PCT Application

A PCT application acts in a similar manner to a provisional patent application as it secures a priority date and future right to apply national patent application in any contracting state.

The applicant has a time limit of 30 months for filing a national phase application

Patent Cooperation Treaty (PCT) assist applicants in making a more informed choice based on the International search report and International preliminary examination report.

For Instance, if you have made an international application as per PCT, designating India, you can make an application with an Indian patent office within 31 months of the international filing date.

Convention Application

When a patent applicant files a patent application in the countries that have ratified Paris Convention Treaty. Convention patent application can be filed with the patent office within 12 months of the priority date.

The treaty provides time for preparing a patent application that is to be submitted to other convention countries.


Patent