Types of Patents in India: Patents are classified into different categories on the basis of their priority claim, content or unity.

(1) Patents in India can be classified under three categories depending upon their priority claim.

1. Ordinary patent application
2. Conventional patent application
3. PCT national phase patent application

(2) Patents in India can be classified under two categories depending upon their content/ disclosure.

1. Patent Application accompanied by Provisional Specification
2. Patent Application accompanied by Complete Specification

(3) Besides depending upon unity of invention, the Patents can be classified as follows:

1. Divisional Patent
2. Patent of Addition

Ordinary Patent filing in India:Ordinary patent application can be filed in India along with a provisional or complete specification. It is further distinguishable from other patents that it does not claim any priority from any other application. Specification is a technical disclosure statement that enables a person ordinarily skilled in the art to perform the invention. It begins with title of the invention and contains field of invention, prior art, objective of invention, summary of invention, detailed description of the invention, drawings, claims and abstract containing summary of the invention. Provisional application has to be followed by a complete specification within 12 months.

The basic mandatory requirements for filing an ordinary patent application in India are as follows:

1.     Name, address, particulars and nationality of applicant/s for patent

2.     Name, address and nationality of inventor/s of patent

3.     Provisional specification or complete specification with description, claims, abstract, drawings

Other filing requirements for Ordinary Patents India:

1.     Declaration as to inventorship within 1 month of filing application or along with complete specification where completed specification is filed after filing a provisional specification.

2.     Proof of right in favour of applicant from inventor in writing (assignment deed, employment agreement or any other arrangement) preferably notarised within six months from filing of application.

3.     Details of all corresponding foreign application within 6 months of filing of application and/or within 6 months of filing of Patent application in any country outside India.

Power of authority in favour of Indian Patent Attorney/ agent, to be stamped in India, notarisation not necessary. Should be filed as soon as possible so that the application can be proceed towards publication at the earliest and must be filed within 3 months of demand raised by the Patent office.

Conventional Patent filing in India:Convention Patent Application in India claims priority from a convention application and has to be filed in India within 12 months from date of priority and accompanied by a complete specification. The basic mandatory requirements are same as for ordinary patent application in India except that here complete specification needs to be filed.

Other requirements for filing Conventional Patent Applications in India:

1.     Declaration as to inventorship within 1 month of filing application

2.     Certified copy of priority document, within 3 months from date of requisition by Controller

3.     English translation of Complete Specification, Priority document along with verification in support within 3 months from date of requisition by the Controller

4.     Details of all corresponding foreign application within 6 months of filing of application and/or within 6 months of filing of Patent application in any country outside India.

5.     Proof of right in favour of applicant from inventor in writing (assignment deed, employment agreement or any other arrangement) preferably notarised within 6 months from filing of application.

6.     Power of authority in favour of Indian Patent Attorney/ agent, to be stamped in India, notarisation not necessary. Should be filed as soon as possible so that the application can be proceed towards publication at the earliest and must be filed within 3 months of demand raised by the Patent office.

PCT National Phase Patent filing in India:PCT national phase patent application has to be filed in India after filing of PCT application in WIPO and within 31 months from date of priority and accompanied by a complete specification in English. The English translation of the priority documents (if filed in language other than English) should be filed within 31 months from the date of earliest priority or within 3 months of requisition made by the Controller. Where PCT/IB/304 is not issued by WIPO, certified copy of the priority documents should be filed within 31 months from the date of earliest priority.

The basic mandatory requirements for filing a PCT National Phase Patent Application in India are as follows:

1.     PCT Application no. & International filing date

2.     Earliest Priority date

3.     Title of the invention

4.     English Translation of PCT Complete specification with claims, abstract and drawings in English or English translation

Other requirements for filing PCT National phase Patents in India:

1.     Declaration as to inventorship within 1 month of filing application

2.     Certified copy of priority document where PCT/IB/304 not issued by WIPO within 31 months from date of priority

3.     English translation of Complete Specification, Priority document along with verification in support within 31 months from date of priority or within 3 months of requisition made by the Controller.

4.     Details of all corresponding foreign application within 6 months of filing of application and/or within 6 months of filing of Patent application in any country outside India.

5.     Proof of right in favour of applicant from inventor in writing (assignment deed, employment agreement or any other arrangement) preferably notarised within 6 months from filing of application.

6.     Power of authority in favour of Indian Patent Attorney/ agent, to be stamped in India, notarisation not necessary. Should be filed as soon as possible so that the application can be proceed towards publication at the earliest and must be filed within 3 months of demand raised by the Patent office.

Provisional Specification: While filing ordinary application in India it is advisable to file provisional specification to claim priority as to the content/disclosure, as the drafting to completer specification in a particular format along with claims may take time. There is no specific format for provisional specification and it can be filed without any claims. Within 12 months of filing of provisional specification, the complete specification has to be filed or within such extended time as may be allowed on specific request to Controller.

Complete Specification: Unlike provisional specification complete specification must be filed in a particular format along with claims. The conventional and PCT national phase application has to be filed with the complete specification.

Divisional Patent: Where the patent disclosure contains more than one invention, it is possible to file a divisional application in respect of distinct invention lacking unity. The divisional Application can either be filed at direction of the Controller of Patent or voluntarily.

Patent of Addition: Where the patent disclosure relates to any development/ modification of the same invention earlier filed by the Applicant. It is possible to file a Patent of Addition. No annuity fee is payable after a Patent has been declared as Patent of addition and it terms coincides with the term of original Patent.