how to file a patent in India

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depenning
Posts: 1
Joined: Tue Sep 29, 2015 11:43 am

how to file a patent in India

Post by depenning » Tue Jan 12, 2016 11:01 am

I am an startup entrepreneur & I am planning to file a patent with a agent called Depenning http://www.depenning.com/patent-agent-india.html..
is there any other way of filing patent without agent?


EPO / Asia Info
Posts: 65
Joined: Thu Dec 04, 2014 8:03 am

Re: how to file a patent in India

Post by EPO / Asia Info » Tue Jan 19, 2016 7:32 am

Dear Sir or Madam,

Thank you very much for visiting our discussion forum and for submitting your inquiry about the Indian patent procedure, specifically whether you need to appoint a professional representative in India.

Please understand that we are no patent attorneys, so we cannot give you any legal binding advice or answer. We can only provide you some background information, based on the patent laws and other official legal texts.

The law does not specifically say who and under which conditions needs to be represented by a professional patent agent in India.

Any person (natural or legal) can file a patent application in India. Rule 5 of the Indian Patents Rules, 2003 http://www.ipindia.nic.in/ipr/patent/Pa ... ch2015.pdf states that every person must furnish the Controller an address for service in India. It does not matter whether you are an Indian resident or whether you reside abroad, you must provide an address for service in India which will be used for all communications from the Indian Patent Office. The address of an authorised patent agent, for example, could serve as an address for service.

We hope this information was of a little help to you.

In case of further related questions, you can post them here or you can contact us directly at asiainfo@epo.org

Your team for Asian patent information services


Intepat
Posts: 4
Joined: Wed Apr 06, 2016 3:20 am

Re: how to file a patent in India

Post by Intepat » Thu Apr 07, 2016 3:16 am

Patent Application can be filed by an inventor, alone or jointly with others, or his/their assignee or legal representative of any deceased inventor or his assignee.

Application is required to be filed according to the territorial limits where the applicant or the first mentioned applicant in case of joint applicants, for a patent normally resides or has a domicile or has a place of business or the place from where the invention actually originated.

To read more, please visit https://www.intepat.com/blog/patent/pat ... nt-office/

Best Regards
Senthil


AjitKhodke
Posts: 1
Joined: Wed Feb 10, 2016 12:17 pm
Location: India
Contact:

Re: how to file a patent in India

Post by AjitKhodke » Thu Apr 21, 2016 10:31 am

In accordance with the provisions of Patent Act, the inventor, his assignee or legal representative of deceased person, who before his death was either the inventor or assignee, can apply for patents at the head office of the Indian Patent Office or its branches depending upon in whose jurisdiction he resides or has a domicile or has a principle office of business.

In case of a foreign applicant, the application can be filed at the appropriate office, in whose jurisdiction the address for service or patent attorney’s office is situated.

Every application for a patent shall be made for one invention only or a group of inventions which are linked to each other by a single inventive concept.

Along with application for grant of patent and specification, the applicant is required to submit the documents.
To Know more details, visit:
http://www.ipindia.nic.in/IPActs_Rules/ ... er2015.pdf


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