Patent applications is a request which is pending at a patent office for the grant of the patent for the invention that is described and is claimed by that application. There are different types of patent applications.
The following article will give a detailed idea about the different types of patent applications. The types are:
Contents
- Provisional Application
A temporary application that is filed when the invention is not finalized and it is still under experimentation.
- Ordinary application or nonprovisional application
An application form for the patent which is filed in the patent office without claiming any priority of the application that is made in a convention country or without any reference to any other application which is under process in the office. An ordinary application must always be accompanied by a complete self-specification and claims.
- Convention Application
An application that is filed for the patent in the patent office which claims a priority date based on the same or substantially similar application which is filed in one or more countries is called as a convention application. In order to get the convention status, an applicant is required to file the application in the Indian patent office within 12 months from the date of the last filing of a similar application in the convention called.
- PCT International Application
It is an international application that is governed by the patent cooperation treaty and it can be validated up to 142 countries.
- PCT National phase application
If an international application is made according to the PCT designating India, an applicant is allowed to file the national phase application in India within 31 months from the income filing date or the priority date, whichever is earlier.
- Patent of Addition
If an applicant feels that he has come across an invention which is only a slight modification of the invention for which has already applied or has obtained the payment, then the applicant can go for the patent of addition if the invention does not involve a substantial inventive step. There is no requirement to pay a separate renewal fee for the patent of Addition During the term of the main patent and it always expires along with the main patent.
- Divisional Application
If an application that is made by the applicant claims for more than one invention, then the applicant either on his own or in order to meet the official objection may divide the application and then file two or more applications as it is applicable for each of the inventions. This type of application that is divided out of the patent one is called as the divisional application. And the priority date for all the divisional applications is same as that which is claimed by the parent application.
Thus before filing a patent application, the applicant must always be sure about the kind of application that he/ she is actually required to file. He/ she is required to choose from the 7 applications which have been mentioned above.
A patent application is a request which is pending at a patent office for the grant of the patent for the invention that is described and is claimed by that application. There are different types of patent applications.
The following article will give a detailed idea about the different types of patent applications. The types are:
- Provisional Application
A temporary application that is filed when the invention is not finalized and it is still under experimentation.
- Ordinary application or nonprovisional application
An application for patent which is filed in the patent office without claiming any priority of the application that is made in a convention country or without any reference to any other application which is under process in the office. An ordinary application must always be accompanied by a complete self-specification and claims.
- Convention Application
An application that is filed for the patent in the patent office which claims a priority date based on the same or substantially similar application which is filed in one or more countries is called as a convention application. In order to get the convention status, an applicant is required to file the application in the Indian patent office within 12 months from the date of the last filing of a similar application in the convention called.
- PCT International Application
It is an international application that is governed by the patent cooperation treaty and it can be validated up to 142 countries.
- PCT National phase application
If an international application is made according to the PCT designating India, an applicant is allowed to file the national phase application in India within 31 months from the income filing date or the priority date, whichever is earlier.
- Patent of Addition
If an applicant feels that he has come across an invention which is only a slight modification of the invention for which has already applied or has obtained the payment, then the applicant can go for the patent of addition if the invention does not involve a substantial inventive step. There is no requirement to pay a separate renewal fee for the patent of Addition During the term of the main patent and it always expires along with the main patent.
- Divisional Application
If an application that is made by the applicant claims for more than one invention, then the applicant either on his own or in order to meet the official objection may divide the application and then file two or more applications as it is applicable for each of the inventions. This type of application that is divided out of the patent one is called as the divisional application. And the priority date for all the divisional applications is same as that which is claimed by the parent application.
Thus before filing a patent application, the applicant must always be sure about the kind of application that he/ she is actually required to file. He/ she is required to choose from the 7 applications which have been mentioned above.
