PATENT APPLICATION FORMS & GUIDELINES.pptx

PATENT APPLICATION FORMS & GUIDELINES.pptx provides a concise overview of the patent filing process, detailing essential forms, their purposes, and step-by-step instructions for completion. It includes legal requirements, common mistakes, practical examples, and troubleshooting tips, making it a useful guide for inventors, researchers, and professionals navigating the patent application

1. PATENT APPLICATION FORMS & GUIDELINES PRESENTED BY :- PRATIK P KEDARE [M-PHARM 1 ST YEAR] Department of Pharmaceutical analysis GUIDED BY :- MRS.AVNI KHRISTI [HOD Parul Institute of Pharmacy ]

2. Content’s INTRODUCTION OF PATENT PATENT FORMS APPLICATION TYPES OF PATENT APPLICATION

3. Patent Patent is a set of exclusive rights granted by government of India to an inventor for a limited period of time, excluding others from making, using, selling, importing the patented product or process producing that product for these purposes. PATENTEE : A person to whom the patent is granted.

4. PATENT FORMS APPLICATION The list of forms that have to be submitted are :- Form 1: Application for grant of patent Form 2 : Provisional /complete specification Form 3 : Statement & undertaking under section 8 (From the date of filling of patent application we have maximum of 6 months to file this patent ) Form 5 : Declaration as to inventorship Form 9 : Request for publication ( Covered under section 11 A(2) ) Form 18 : Request for examination of application for patent ( Covered under section 11 B ) 18A – Expedited examination – Referred under rule no 24 c of INDIAN PATENT ACT 1970 Form 26 : Power of authority

5. FORM -1 : APPLICATION FOR GRANT OF PATENT IN INDIA In this form, one has to furnish information such as name and address of the inventors, name and address of the applicant, information corresponding to prior patent application which any authorized entity has filled & some declarations among other information FORM -2 : PROVISIONAL /COMPLETE SPECIFICATION The patent specification can be provisional or a complete patent specification depending on the type of patent application one is filling. The number of sheets and claims is to be counted and the appropriate fee is calculated. While counting the sheets, even the drawing sheets will have to be taken into account.

6. FORM -3 : STATEMENT & UNDERTAKING It is used to furnish information and action relating to patent applications filed in other countries for the current invention. FORM – 5 : DECLARATION AS TO INVENTORSHIP Application used to declare the inventors of the subject matter sought to be protected using the current patent application. FORM – 9 : REQUEST FOR PUBLICATION By filling this form, one can generally have the patent specification published within 1 month from filling this form. FORM – 18 : REQUEST FOR EXAMINATION OF APPLICATION FOR PATENT This form can be filled within 48 months from priority date.  The patent office will not consider a patent application for examination unless this form is filled. Hence, if one wishes to expedite the patenting process filing of form 9 & 18 at an early stage is advised.

7. THE LIST OF FORMS THAT HAVE TO BE SUBMITTED AND THEIR RESPECTIVE FEES IS PROVIDED A fee of 160/400/800 sheet, based on the type of applicant, is applicable for each sheet exceeding 30 sheets in a patent specifications Further a fee INR 320/800/1600 claim, based on the type of the applicant , is applicable for each claim exceeding 10 claims in the patent specification

8. FORM 1: APPLICATION FOR GRANT OF PATENT

9. TYPES OF PATENT APPLICATION PROVISIONAL APPLICATION NON-PROVISIONAL APPLICATION CONVETIONAL APPLICATION PCT INTERNATIONAL APPLICATION PCT NATIONAL APPLICATION APPLICATION FOR PATENT OF ADDITION DIVISIONAL APPLICATION PCT - PATENT COOPERATION TREATY

10. PROVISIONAL APPLICATION Purpose : Allows the applicant to secure an early filing date while providing additional time (12 months) to refine the application or gather data. Use in Pharmaceuticals : Often used when the invention is at the conceptual or developmental stage Example : Filing for a novel synthesis route of an Active Pharmaceutical Ingredient It filled usually to finalized invention within 12 month It provides filling date one year earlier A provisional application is a quick and less expensive No claim is required in a provisional application No declaration is required in a provisional application Provisional applications will not be examined for patentability in USPTO .

11. NON-PROVISIONAL APPLICATION Purpose : A complete application with all required claims and specifications. It begins the examination process Use in Pharmaceuticals : Covers new drugs, formulations, delivery systems, or manufacturing processes Example : A detailed application for a new combination drug or sustained-release tablet. After 12 month provisional application convert to the non provisional application and within 14 month after the filling date of the Provisional's application 12 month pendency periods can not be extended Non- provisional application is examine by USPTO ( UNITED STATE PATENT AND TRADEMARK OFFICE ) Non-provisional application invention disclose publically In Non-provisional application applicant confers the right to stop other form making, sealing, using and try to using his/her invention.

12. CONVETIONAL APPLICATION A conventional patent application, also known as a non-provisional patent application, is a legal document that gives an inventor exclusive rights to their invention. It's a way to claim priority for a patent application based on a similar application filed in a convention country An application for patent filed in the Patent Office, claiming a priority date based on the same or substantially similar application filed in one or more of the convention countries, is called a convention application In order to get convention status, an applicant should file the application in the Indian Patent Office within 12 months from the date of first filing of a similar application in the convention country.

13. PCT NATIONAL APPLICATION When an international application is made according to PCT designating India, an applicant can file the national phase application in India within 31 months from the international filing date or the priority date (whichever is earlier ) The application can be filed at any of the four Patent Offices located at Delhi, Kolkata, Chennai or Mumbai, depending on the domicile, business or place of the Applicant If the applicant for the patent has no business, place or domicile in India, the appropriate Patent office will be the address of service in India. For example, patents can be filed at the Chennai Patent Office where the address for service would be Intepat IP, Bangalore.

14. PCT INTERNATIONAL APPLICATION Purpose : The PCT provides a unified procedure for filing patent applications in its 157 member countries (as of 2024). While the PCT does not grant an "international patent," it simplifies the process of securing national or regional patents by allowing inventors to file a single international application Use in Pharmaceuticals : Ensures global protection of new drugs or formulations Example : Filing a PCT application for a novel vaccine to protect its IP worldwide. A PCT Application is an international application governed by the Patent Cooperation Treaty, and can be validated in up to 142 countries The Patent Cooperation Treaty (PCT) is an international agreement established in 1970 to facilitate the process of obtaining patent protection for inventions in multiple countries Administered by the World Intellectual Property Organization (WIPO), the PCT streamlines the patent application process, making it more efficient and cost-effective for applicants seeking protection in multiple jurisdictions

15. DIVISIONAL APPLICATION When an application made by applicant claims more than one invention, the applicant on his own or to meet the official objection may divide the application and file two or more applications, as applicable for each of the inventions. This type of application, divided out of the parent one, is called a Divisional Application. The priority date for all the divisional applications will be same as that claimed by the Parent Application (Ante-dating).

16. APPLICATION FOR PATENT OF ADDITION When an applicant feels that he has come across an invention which is a slight modification of the invention for which he has already applied for or has obtained patent, the applicant can go for patent of addition if the invention does not involve a substantial inventive step. There is no need to pay separate renewal fee for the patent of addition during the term of the main patent and it expires along with the main patent.

17. Indian Patent Office (IPO) Guidelines - https://www.ipindia .gov.in WIPO Official Website: https://www.wipo.int/pct/en Practical guidance on PCT filings can often be found in intellectual property law journals, such as Managing Intellectual Property and resources provided by international IP law firms Reference's