quesWhat are the rules to be followed for filing the patents?

What are clause i have follow while filing the patents? What is the difference between Indian Patent, US Patent and European Patent.

  • ans

    As per Section 6 of Indian Patent Act 1970 (Amendment 2006) patent application shall be filed on Form-1 along with Provisional / Complete Specification, with the prescribed fee as given in First Schedule at an appropriate office. However, a provisional specification cannot be filed in case of a Convention Application (either directly or through PCT routes)

    Normal fee shall be applicable for applications containing upto thirty pages in specification and upto 10 claims. If the specification exceeds thirty pages or claims are more than ten in number, additional fee as given in First Schedule is payable.

    Indian Patent Office functions from four locations viz. Kolkata, Delhi, Chennai and Mumbai.Application for Patent shall be filed with the Patent Office having the appropriate jurisdiction.

    A US patent is granted by the United State Patent Office to an inventor, who has filed his application with it, whereas an Indian Patent is granted by the Indian Patent Office to an inventor, who has filed his application with Indian Patent office.  

    A patent granted by a patent office is applicable within the geographical  boundaries of that country only. 

    A US Patent is applicable within USA only and has no effect in India, if the same inventor of the US patent has not filed his application in India for the patent grant.

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