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Patents Law
Types of Applications
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A Patent application may be filed in India in the form of:


1. Provisional Application: is an application filed with a provisional specification to establish priority of the invention over any other invention. It gives twelve months time to the Applicant to possibly fully develop the invention and ascertain its market potential without the fear of losing the priority right over the invention.


A provisional specification cannot be filed if the application is a divisional or convention application or an application filed under the Patent Cooperation Treaty designating India.  In such cases, only a complete specification is required to be filed.


2.Complete Application:  is an application with a complete specification which fully describes the invention and discloses the best method of performing the invention. Divisional, convention application or PCT national phase applications are always required to be accompanied by a complete specification.


If filed in pursuance of a Provisional application then the time limit of filing complete specification is within twelve months from the date of filing of provisional application.


3. PCT National Phase Application: is an application filed in pursuance of the international application filed under PCT. Time limit to enter National phase is 31-months from the earliest priority date.


4. Convention Application: is an application filed in pursuance of a priority application filed in a convention country (under Paris Convention or any other bilateral or multilateral treaty). Time limit to file a convention application  is 12-months from the earliest priority date.


5. Divisional Application: is an application usually filed when the application made by the Applicant claims more than one invention. The Applicant may file a divisional application either voluntarily or to meet the objections of the Examiner.


A divisional application has to be filed before the grant of the Parent application.


The appropriate office for the filing of divisional is the Patent Office where the main application is filed, as a divisional application needs to be examined in conjunction with its main application.


Examination: includes careful comparison with main patent: to avoid double patenting: to avoid claim overlap resulting in double patenting


Date of filing: same as that of the main application


Term: Twenty years from the date of filing of main application


Contents: Claims of the Divisional Application shall not conflict with those of main application.


Fee: Same as during filing of main patent except any excess claims and pages


The divisional application should ideally be filed with response to examination report and certainly before the non-extendable deadline for placing the parent application in order for grant, which is 12 months from the date of issuance of the First Examination Report.


The best time for filing the divisional application is after receipt of the First Examination Report. Based on the Examiners objection you may decide the claims for the divisional application.


In case you wish to file a divisional application, the claims of such divisional application should be made distinct from those of the original application.


The complete specification of the divisional application should not include any matter not in substance disclosed in the complete specification of the parent application.


There are no limits to the number of divisional filed for one application.


While a patent application can be divided into multiple divisional applications at one instance, a divisional application cannot be further divided.


6. Patent of Addition: is an Application filed when the invention therein is a modification or improvement of an earlier invention for which the Applicant has already applied for or has obtained a patent.


Application for a Patent of Addition shall be filed on the same or subsequent date of filing of the Application for main Patent.


Granted only after the grant of the main patent.


A patent of addition expires along with the main patent.


No separate renewal fee.


An application for Patent of Addition cannot be challenged on the ground of lack of inventive step with respect to the disclosure in the main application or patent. But the disclosure in main application or patent may be cited for novelty against the application for patent of addition.


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