Welcome to D. P. Ahuja & Co.- Indian Intellectual Property Law Firm

CONVENTION
NATIONAL PHASE

CONVENTION APPLICATIONS

Minimum Requirements:

Name, address and nationality of the applicant and the Inventors.
Basic priority application number(s) and date(s).
Name of the applicant in the convention country.
English Specification with abstract.
Drawings on A-4 size paper.
Sequence listing (if applicable) in .txt format, for Biotechnology inventions.
Declaration whether any biological material used in the invention, as disclosed in the specification was obtained from India (for compliance with National Biodiversity Act).

Further Requirements

Power of Authority (Download Form) in original.
Time frame : Must be filed within three months from the date of filing, otherwise the Patent Office will not take further action on the patent application.
“Proof of Right” of Applicant(s) to file the application. Any one of the following documents may be provided:
1. A Declaration-cum-India Specific Assignment (Download Form) executed by the inventors and signed at least by two witnesses giving their full name and address below their respective signatures. Any two persons from your office can also act as witnesses ;
  OR
2. A copy of the World Wide Assignment in English, Certified Officially or Notarized as a true copy (eg. as may be recorded at the USPTO).
  Time frame : Must be filed within six months from the date of filing the application in India.
  
  Note: If the priority Applicant is different from the Indian Applicant, we also need a separate assignment from the priority applicant in favour of the Indian Applicant besides assignment by the inventors in favour of the priority applicant.
Certified Copy of Priority document.
We would like to inform you that Indian Patent Office has started the WIPO Digital Access Service (DAS) with effect from 31st January, 2018 for priority documents submitted by the applicants from the participating patent offices under the WIPO-INDIA Co-operation agreement.
In a convention application, filed in India, if you are in possession of access code/ DAS code, you may consider providing us with the said DAS code in lieu of a certified copy of priority document for submission at the Indian Patent Office. We do not need “certificate of availability of a certified patent document in a digital library”.
Time frame: To be filed within three months of the request for the same by the Patent Office in India.
Verified English translation of Priority document, if specification of priority document is not in English.
Translation Verification Form (Download Form) for English translation of priority document has to be executed by the authorized translator of the Applicant as well as by the authorized official/person of the applicant company confirming that the translator is authorized to carry out such translation.
Time frame : To be filed within three months of the request for the same by the Patent Office in India.
Form 3 with an Annexure (Download Form) giving a list of corresponding applications in other countries, giving country name, application number, filing date and present status.Time frame: To be filed within six months from the date of filing the application in India.
IPC classification of priority document(s).

EXPLANATIONS

NATIONAL PHASE ENTRY FOR PCT APPLICATIONS

Minimum Requirements:

PCT Publication Pamphlet. If the PCT application has not been published then please provide us with Forms PCT/RO/101 and PCT/RO/105.

PCT Specification
PCT/IB/304
PCT/IB/306
PCT/IB/308
PCT/IPEA/409 and its annexes (only for Chapter II entry, if applicable)
Sequence Listing (if applicable) in .txt format for biotechnology inventions

Verified English translation of the PCT specification if the PCT application is published in a language other than English (description, claims, abstract and drawings) and any amendments under PCT Article 19 or 34 are to be submitted at the time of filing the application in India. The English translation of the PCT specification must be filed at the time of entering national phase. Translation Verification form for English translation of the PCT Specification may be filed subsequently.
Note: No amendments, apart from PCT Article 19 or 34, and deletion of claims is possible at the time of national phase entry. Any desired amendments in the specification, name/address of applicant(s)/inventor(s) (apart from deletion of claims) will have to be carried out subsequently by way of “Voluntary Amendment”.

Further Requirements

Power of Authority in original (Download Form)
Time frame: Must be filed within three months from the date of filing, otherwise the Patent Office will not take further action on the patent application.
“Proof of Right” of the Applicant(s) to file the application. Any one of the following documents may be provided:
1. A Declaration-cum-India specific assignment executed by the inventors and signed at least by two witnesses giving their full name and address below their respective signatures. Any two persons from your office can also act as witnesses;
2. A copy of the World Wide Assignment in English, Certified Officially or Notarized as a true copy (eg. as may be recorded at the USPTO ). This could have been filed in any country prior to filing in India, covering the entire world.Time frame: Must be filed within six months from the date of filing the application in India.
Certified Copy of Priority document (in the absence of PCT/IB/304).
We would like to inform you that Indian Patent Office has started the WIPO Digital Access Service (DAS) with effect from 31st January, 2018 for priority documents submitted by the applicants from the participating patent offices under the WIPO-INDIA Co-operation agreement.
If you are in possession of access code/DAS code, you may consider providing us with the said DAS code in lieu of certified copy of priority document for submission at the Indian Patent Office. We do not need “certificate of availability of a certified patent document in a digital library”.
Time frame: To be filed before 31 months from from the priority date, otherwise, it may be filed within three months of the request for the same by the Patent Office in India, and no extension will be granted.
Verified English translation of Priority document, if the specification of priority document is not in English.
Translation Verification Form (Download Form) for English translation of the Priority document has to be executed by the authorized translator of the Applicant as well as by the authorized official/person of the applicant company confirming that the translator is authorized to carry out such translation.
Time frame: According to the present practice of the Indian Patent Office, the Verified English Translation of Priority Document (Download Form) is required to be filed before 31 months from the priority date, otherwise, it may be filed along with a petition within three months of the request for the same by the Patent Office in India, and no extension will be granted.
Whether the invention as disclosed in the specification uses biological material originating from India.
Annexure to Form 3 (Download Form) giving a list of corresponding applications in other countries, giving country name, application number, filing date and present status.
Time frame: To be filed within six months from the date of filing the application in India.

EXPLANATIONS

Power of Attorney (mandatory) :

A Power of Attorney (Download Form) simply signed by any person authorised by the Applicant is a mandatory requirement for filing new trademark application.

Use Basis (mandatory):

If the mark has not been used in India, the application has to be filed on the basis of PROPOSED USE.
If the mark is in use in India, prior to filing of the application, then the date of first use must be claimed in the Application Form.
If use is claimed in India, then to comply with the efiling procedure, a commercial document establishing date of first use of the mark in India, is required to be filed along with a Statement, at the time of filing the application. An Affidavit has to be submitted at the Registry, later, with additional information such as a product brochure, annual figures of sales and advertising expenditure for the period of use in India. The Affidavit has to be executed by an authorised person of the Applicant and notarised.

Priority:

Original Certified copy of the Priority document (Application in Convention Country certified by the relevant Trade Marks Office) is required to be submitted at the Trade Marks Registry within 2 months of the Indian filing date.

Others:

Translation/Transliteration/Significance of a non-English mark must be stated.
For colour claim, the Pantone specification or colour name must be stated
For 3 dimensional trade mark (shape of the goods), at least 4 views of the mark, ie front, rear, top, and perspective, must be provided
For sound mark, reproduction of the same has to be submitted in the MP3 format not exceeding thirty seconds’ length recorded on a medium which allows for easy and clearly audible replaying accompanied with a graphical representation of its notations.

To file a design application the following documents are required :

For a Priority Application, certified copy of Priority document and its verified English translation, if it is not in English, have to be submitted within two months from the date of filing the Indian Design Application.
Power of Authority (Download Form). This may be submitted at any time, within six months from the date of filing the Design application in India. One Power of Authority is sufficient for all Design applications by the same applicant. No legalization is required. No other document needs to be executed by the applicant.

Drawing Requirements:

Drawing representations should be on A4 size durable paper sheets, clearly showing the features of the designs by different views. One sheet should not have preferably more than two views. Drawings should be without any shadows/shading lines/broken lines/dotted lines/chain-dotted lines/discrete lines. Photographs of the design with different views are preferable for large products.
CG (Computer Graphic) figures are also sufficient for registration of a concerned design, if all the “Design” aspects can be understood from the same.

Trademarks