filing to india and pakistan patent offices

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blue & green
Posts: 16
Joined: Sun Dec 03, 2017 7:12 pm

filing to india and pakistan patent offices

Post by blue & green » Sat Apr 03, 2021 9:27 pm

hi,

for some various reasons, we may consider to file directly to these offices without ePCT system for some of our patent documents.

But I need answers to these very basic questions:

1) are these offices accepting filing without patent attorney (directly by the inventor ,electronic filing) ?
* I saw in this document that india patent office requires applicants to have a digital signature,so, I also ask whether this would be a case for foreigners: https://ipindia.gov.in/writereaddata/Po ... PATENT.pdf

note please: all the questions under this thread are about non-pakistan /indian residers in these countries respectively.

2) what are the application fees (without ePCT)?

3) are these offices accepting utility model applications (without ePCT) ?

Thanks,
Kind Regards


asiainfo
Posts: 12
Joined: Fri Jun 26, 2020 11:07 am

Re: filing to india and pakistan patent offices

Post by asiainfo » Wed Apr 07, 2021 10:44 am

Dear blue & green,

Thanks for posting your question on filing requirements in India and Pakistan. I can give you some preliminary answers:

Requirement to file with local requirements

According to national laws, both India and Pakistan do not seem to accept filings from foreigners without a local representative.
With regard to India, as stipulated in No 53) of the FAQ section cited in your inquiry and Article 5 of the Patents Rules, foreign applicants are obliged to file an application via a registered attorney or they have to provide a service address in India, i.e. acting via a person with a place of business or residence in India.
As for Pakistan, it seems that representation is only possible via a registered patent attorney. Article 81 (2) of the Patents Ordinance 2000 stipulates that documents such as applications for patents "shall be signed ...by the person making such applications or giving such notices. Provided that if such person is absent from Pakistan, they may be signed and verified by a patent agent authorized by him in writing in that behalf".

Application fees
For information on fees, please refer to the fee schedule provided by the Indian Patent Office at https://ipindia.gov.in/form-and-fees.htm and the website of the Pakistan IP Office at ipo.gov.pk.

Filing of utility models
Both India and Pakistan are not providing protection by utility models.

To the community: please feel free to provide any amendments or further information regarding blue & green's inquiry.

Kind regards,

EPO's Asian Patent Information Services


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