Convention Patent Application Filing in India – Patent Office Procedure and Forms

Filing Convention Patent Application in India:

Foreign patent applicants can claim the benefit of Paris Convention and file patents in India by claiming priority from already filed international patent applications.

Indian Patent Office is signatory of Paris Convention, whereby foreign (international) patent applicants can file convention patent applications in India.

Convention patent applications can be filed with the Indian Patent Office within 12 months of filing a priority patent application in a foreign country.

In case of multiple international patent applications, convention patent application has to be filed in India within 12 months of the earliest priority date.

In accordance with the procedure followed by the Indian Patent Office, for all purposes, the convention patent application is treated as an ordinary patent application.

Documents required for filing convention patent application in India include:

• Patent Specification in English language including an abstract, one or more claims, patent drawings and detailed description of best mode of carrying out the invention.
• Name, Nationality and Address of Inventors and Patent Applicants
• Details of Priority Patent Application, including:
  • Application Number
  • Date of Filing
  • Country (Jurisdiction)
• Certified copy of Priority Documents
• True Translation Copy of Complete Specification filed in convention country, if original application was not in English
• Assignment Deed / Proof of Right
• Power of Attorney 

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Rahul Dev is a Patent Attorney & International Business Lawyer practicing Technology & Corporate Laws. He is reachable at info (at) techcorplegal (dot) com & @rdpatentlawyer on Twitter

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