Patent Filing Requirements in India

Patents in the USA

To minimize the cost of Patent filing and prosecution in India, there are number of things an attorney should take in to account.

 In the event you are filing a PCT national phase application, provide your associate in India following information:

(i)       Application details including title of the invention, names, addresses and Nationality of the inventors; applicants.

(ii)      Complete specification as filed before the International office with claims, drawings and abstract.

(iii)  English translation of the International Application if filed and published in language other than English.

(iv)    Certified copy of the priority document/s if Form PCT/IB/304 is not available

(v)    English translation of the priority documents, if filed and published in language other than English

Priority documents are to be filed in India within 31 months from date of priority, therefore if Form PCT/IB/304 is not available, provide your associate the certified copy of priority documents along with your instruction, so that all documentation can be completed on time.

 Where the International application or the priority application are in language other than English, provide an English translation of the same to your associate.

Demand from your associate that power of authority as well as other formal documents be sent to you for execution.

 The following requirements can be complied within 6 months from date of filing of the application, if your associate charges for late submission of documents these documents/information can be supplied along with the instructions to file the application.

-      Where the Applicant is not the inventor, provide your associate with the Assignment deed or any other document by which the inventor/s have assigned their rights to the Applicant.

-      Details and status of corresponding Applications in other countries for the same or substantially the same invention.

 It will not only save the filing cost but also will minimize your prosecution cost as you would not be required to file petitions along with official fee for not complying with the formal requirements on time and seeking extension of time.

 In India, the Patent rights accrues from the date of publication of application in India, it is therefore advisable to ensure speedy publication of the application. Ordinarily in case of the PCT national phase applications the statutory period of waiting till publication i.e. 18 months is already over, therefore the associate should be advised to expedite the publication by chasing the concerned authorities.

 A Patent application in India is not examined unless a request for Examination is filed within 48 months from the date of priority. The ordinary time frame from filing of request to issuance of examination report is 18-24 months therefore it is also advisable to file the request for examination as soon as possible (not to wait for 48 months deadline) to expedite the grant in India.

 The time frame for putting the application in order of Grant is 12 months from date of issuance of the examination report, but it is advisable to file the response and initiate the discussion with the examiner as soon as possible to avoid any last minute hassles.

About the Author:

Author is an Advocate and Patent and Trademark Attorney with Aswal Associates, Attorneys at law & Intellectual property, New Delhi, India and can be reached at sudhir@aswal.com. Author is a member of APAA, Delhi Bar Council, Delhi High Court Bar Association and Supreme Court Bar Association.



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Wonderful Chocolate Recipes:

Magnificent Chocolate Ice Cream, Fudge, and more:

The simplest icing is a glacé icing, containing icing sugar and water. This can be flavored and colored as desired, for example by using lemon juice in place of the water. More complicated icings can be made by beating fat into icing sugar (as in butter cream), by melting fat and sugar together, by using egg whites (as in royal icing), and by adding other ingredients such as glycerin (as in fondant). Some icings can be made from combinations of sugar and cream cheeses, or by using ground almonds (as in marzipan).

Marshmallow Fudge

First Batch

2 cups of granulated sugar, 1 cup of cream, 1/4 a teaspoonful of salt, 1 tablespoonful of butter, 2 squares of Baker's Chocolate, 1 teaspoonful of vanilla, Nearly half a pound of marshmallows, split in halves.

Second Batch

2 cups of granulated sugar, 1 cup of cream, 1/4 a teaspoonful of salt, 1 tablespoonful of butter, 2 squares of Baker's Chocolate, 1 teaspoonful of vanilla.

Start with the first batch and when this is nearly boiled enough, set the second batch to cook, preparing it in the same manner as the first. Stir the sugar and cream, over a rather slack fire, until the sugar is melted, when the sugar boils wash down the sides of the pan as in making fondant, set in the thermometer and cook over a quick fire, without stirring, to the soft ball degree, 236° F.; add the butter, salt and chocolate, melted or shaved fine, and let boil up vigorously, then remove to a cake cooler (or two spoon handles to allow a circulation of air below the pan). In the meantime the second batch should be cooking and the marshmallows be gotten ready. When the first batch is about cold add the vanilla and beat the candy vigorously until it begins to thicken, then turn it into a pan lined with waxed paper. At once dispose the halves of marshmallows close together upon the top of the fudge. Soon the other dish of fudge will be ready; set it into cold water and when nearly cold, add the vanilla and beat as in the first batch, then pour it over the marshmallows. When the whole is about cold turn it onto a marble, or hardwood board, pull off the paper and cut into cubes. If one is able to work very quickly, but one batch need be prepared, half of it being spread over the marshmallows.

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