Patent Applications can be of numerous types. Under the Indian Law, all such applications may be filed at the Indian Patent Office. On the basis of their content/disclosure, Patent applications may be divided into two types:
Provisional Application: A provisional application can be defined as an interim patent application filed along with a provisional specification for an invention which is still in the conceptual stage. The primary objectives of this application are to establish priority of the invention and safeguard the inventor’s rights until his conceptual invention is completely specified. Submission of a provisional application prevents other similar inventions from being deemed as prior art to the inventor’s application. Provisional specifications do not need to follow a particular format. They can even be submitted without any claims provided they sufficiently describe the invention’s subject matter. However, the application must be skilfully drafted to assure that the invention’s priority rights are protected. After the submission of a provisional application, the invention is designated as “patent pending.” Furthermore, it gives the applicant ample time to submit overseas applications in a number of different nations and assert the priority date.
The first date on which the patent application is filed, is referred to as the priority date. Within 12 months from the date of priority, the applicant is necessitated to file complete specification, for the grant of patent. A lack of compliance with this criterion, shall render the application void. On the contrary, if the final application is submitted within 12 months from the priority date, i.e., date of filing for the provisional application; it shall be taken into account as the date of submission of the patent application. During the aforementioned 12-month period, the applicant may evaluate the market viability of the disclosed invention, and decide whether to file for complete specification or not.
Complete Application: A Complete Application is defined as the one which comprehensively describes the invention, the best means to apply it, and is submitted along with a complete specification. It can be filed directly or within 12 months of filing for provisional application. Complete applications are further classified:
Ordinary/ Non-provisional Application: An ordinary application is one that is submitted to the Patent Office for the purpose of receiving a patent grant when the applicant has no priority to assert based on any prior application in a convention country or one that is submitted without referencing any other application that is under the scrutiny of the patent office. A thorough detail of the claims in addition to the complete specification of the invention must be submitted with an ordinary application.
Convention Application: A convention application is one that has been submitted in one of the convention countries for the purpose of asserting a priority date based on the same or a strikingly similar application. Owing to this fact, it shares resemblance with a provisional application. An applicant must submit an application to the Indian Patent Office within a year of the date on which a similar application was first submitted in the convention nation in order to qualify for the status of convention. In simpler terms, a convention application, gives the applicant the right to establish priority in all of the member nations of the convention.
PCT Patent Application: A PCT application is an international application that despite not providing for the grant of an international patent, paves the way for a streamlined patent application process in numerous nations at once. It is governed by the Patent Convention Treaty, and can be corroborated in as many as 142 nations. It is undoubtedly the best option to get widespread recognition and protection for one’s invention. By filing a PCT patent application, the applicant can effectively defer the cost of submitting separate national patent applications in each of the nations where protection is sought. In contrast to other applications, it provides the applicant a 30-31-month window from the international filing date to enter into various countries, giving the them more time to assess the market viability of their invention before making more substantial investments in securing patent rights across multiple jurisdictions.
PCT National Phase Application: A PCT application gives rise to a National Phase application. Irrespective of whether the parent PCT application has been published or not, these applications can still be submitted; in every nation, where protection is sought. It has to be filed within 30-31 months of the priority date or the international filing date, whichever comes first.
The title, description, abstract, and claims as disclosed in the international application under PCT shall be construed as the Complete Specification in reference to the National Phase Application. Additionally, the rules for submitting and processing an ordinary patent application are also implemented here.
Divisional Patent Application: As per 16 of the Patents Act, a divisional application is one which has been “divided” from an existing application. If a patent application’s claims relate to multiple inventions, the applicant may submit a divisional application, thereby dividing the parent application into two or more applications, either suo moto or in response to an IPO objection on the ground of plurality of distinct inventions. The priority date is the same for all divisional applications since they all emanate from the same patent application. Consequently, any information that was not addressed in the original application cannot be included in the divisional application. The divisional application may be submitted at any time following the filing date of the parent application, provided the same has not yet been rejected, withdrawn, abandoned, or until the parent application satisfies all of the grant requirements. The protection period of a patent for a divisional application is the same as the duration of the parent application, i.e., 20 years from the filing date or priority date. These applications are regarded as substantive applications, and all the fees applicable to regular applications are charged in the case of divisional applications as well.
Application for a Patent of Additions: An application for a patent of addition is made in accordance with section 54 of the Patents Act for an enhancement or modification of an earlier invention for which the applicant has previously submitted an application or has already been granted a patent. The patent of addition, however, may be transformed into an independent patent at the applicant’s request if the parent patent is rescinded. Since a patent of addition cannot be acquired until the parent invention has been granted, no further renewal cost is required while the main patent is still in force. With the expiry of the parent patent, the patent of addition, also lapses.
Conclusion:
For an applicant to decide what kind of protection they would want for their innovation, they must grasp the concept of the various patent applications that may be submitted in India. By knowing what kind of application to file, the applicant can avoid filing irrelevant applications and thus avoid the exorbitant cost associated with patent registration.