An Overview

The patent helps in protecting the creator’s invention or a product from being recreated, sold, or imported. A patent is administered by the Controller General of Patents, design, and Trademarks which reports to the Ministry of Commerce and Industry.

There are different types of patents:

1. Ordinary Application (Provisional and Non-Provisional)
2. Convention Patent
3. PCT National Phase Application
4. PCT International Application

Ordinary Patent: Ordinary patents are filed in India if the applicants do not claim any priority or reference any previously made application. Ordinary Patents that are non-provisional need to be supported with the complete specification of the invention. All provisional patents can be filed with provisional information of the invention. Provisional patents are advisable to ensure that idea or invention is protected even before it is final.

Convention Patent: This patent is useful when a patent is filed in another country and the applicant wants to file the patent in India. This must be done within 12 months from the convention patent filed with another country. This application must have a complete specifications.

PCT National Phase Application: The applicant has 31 months to file patent India from the date patent is filed internationally with WIPO (World Intellectual Property Organisation).

PCT International Application: Once the patent is filed internationally (WIPO), the applicant can file the patent with 142 countries within 30-31 months from the date of filing with WIPO.