Requirements

Filing Requirements
Patent Applications


1. A simply signed Power of Attorney; this can be filed after filing the application.

2. A declaration signed by the inventor(s) or a notarized copy of the assignment from the inventor(s) to the applicant(s); this can be filed after filing the application.

3. In case of national phase application under the PCT, international application number, title of the invention and the applicant(s) in India and any amendments filed to the international application. If the international application or WIPO publication was not in English, a certified/notarized English translation is required.

4. In case of convention application under the Paris Convention, one copy of the specification including claims and drawings, a certified copy of the basic application or its notarized copy. If the certificate is not in English, a certified/notarized English translation is required. If it is not readily available, the application can be filed based on the basic application number, date of the application and country of the application.

Notes:

1. Computer programs with technical applications to industry or a combination with hardware are patentable.

2. Additional fee is payable, if the specification exceeds 30 pages and the claims exceed 10 pages.

3. Applications for patents can be filed without a Power of Attorney or the inventor’s declaration and these would be required once the office action commences.

4. Annuities are paid only after the grant of the patent, but annuity from the date of the application has to be paid.

5. All documents should be in English, or a certified /notarized English translation is needed.

6. Pursuant to the latest amendments in the Patent Rules (with effect from January 1, 2005), the official fees have been increased substantially. Patent specifications in excess of 30 pages and claims in excess of 10 attract excess fees. Grant fee (sealing fee) in respect of a patent is no longer payable.

7. The latest amendments have really revamped the patent system in India and cut short procedural delays considerably.

8. According to the said amendments, the Request for Examination has to be filed within 36 months from the date of the priority. The "First Office Action" is generally issued within 3 months from filing the "Request for Examination" and within 6 months from the date of the "First Office Action." The application should be put in order after complying with all the requirements. An extension of 3 months for putting the application in order would be available on payment of a late fee, which is considerably high.

Assignment Applications

1. A simply signed Power of Attorney.

2. Patent application number and a copy of the patent certificate in case of patents granted.

3. A notarized copy of the assignment deed signed by the assignor and the assignee.

4. Name, address, nationality and profession or nature of business of the assignee.


Change of Name Applications

1. A simply signed Power of Attorney.

2. A notarized copy of the change of name certificate issued by the competent authority.

Address:

Abu-Ghazaleh Intellectual Property HL Arcade-3rd Floor, Plot No. 14, Sector 5 (MLU) Above AXIS Bank, Dwarka, New Delhi – 110075 India

P.O. Box:
Telephone: (00 91-11) 45122000
Fax: (00 91-11) 45122099
Email: india@agip.com
Contact: Abhishek M. Rohra (Mr)

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