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Wednesday, June 25, 2008

How to apply for an Indian Patent?

The official website of the Indian patent office is here: http://patentoffice.nic.in/ipr/patent/patents.htm . Here are the important points (taken from this URL ) which a patent applicant should follow in order to apply for an Indian Patent:

1. Carry out a patent search on your invention that you believe is patentable;

2. Before you proceed with the filing process, make sure that you file your application for innovative R&D work only;

3. Before you proceed with the filing process, do not publish or display the invention anywhere in the world.

4. File the provisional application with specifications as early as possible. In your provisional application, the nature of the invention should be conceived and partially demonstrated to the extent that you can obtain a record of the authorship/ownership of the invention with the Patent Office.

5. File the complete specification as soon as the invention, as a whole, has been successfully and reproducibly replicated or demonstrated in the laboratory.

6. Inform the patent office about any case of potential infringement of patent rights. Yiour communication with the Patent Office should be substantiated with all available documentary evidence for filing legal notice or initiating legal action.

7. Do not refer any technology to industry until you file a specification-complete application for patent at the Patent Office. Such reference, if necessary, must be made on the basis of an agreement for secrecy (similar to NDA) to be executed by the parties in compliance with the extant guidelines on the subject.

8. Do not let your patent-pendiing invention be used in the industry until you obtain the patent application number / patent number for your provisional application from the Indian Patent Office.

9. Do not enter into joint research and/or development work agreements involving your invention without checking with the patent office.



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Posted by Admin at 11:16 AM
Edited on: Tuesday, April 27, 2010 12:16 AM
Categories: DIY Library, Patenting