| To minimize the cost of Patent filing and | | | | information can be supplied along with the |
| prosecution in India, there are number of things an | | | | instructions to file the application. |
| attorney should take in to account. | | | | - Where the Applicant is not the inventor, |
| In the event you are filing a PCT national phase | | | | provide your associate with the Assignment deed |
| application, provide your associate in India following | | | | or any other document by which the inventor/s |
| information: | | | | have assigned their rights to the Applicant. |
| (i) Application details including title of the | | | | - Details and status of corresponding |
| invention, names, addresses and Nationality of the | | | | Applications in other countries for the same or |
| inventors; applicants. | | | | substantially the same invention. |
| (ii) Complete specification as filed before | | | | It will not only save the filing cost but also will |
| the International office with claims, drawings and | | | | minimize your prosecution cost as you would not |
| abstract. | | | | be required to file petitions along with official fee |
| (iii) English translation of the International | | | | for not complying with the formal requirements |
| Application if filed and published in language other | | | | on time and seeking extension of time. |
| than English. | | | | In India, the Patent rights accrues from the date |
| (iv) Certified copy of the priority document/s | | | | of publication of application in India, it is therefore |
| if Form PCT/IB/304 is not available | | | | advisable to ensure speedy publication of the |
| (v) English translation of the priority | | | | application. Ordinarily in case of the PCT national |
| documents, if filed and published in language other | | | | phase applications the statutory period of waiting |
| than English | | | | till publication i.e. 18 months is already over, |
| Priority documents are to be filed in India within | | | | therefore the associate should be advised to |
| 31 months from date of priority, therefore if | | | | expedite the publication by chasing the concerned |
| Form PCT/IB/304 is not available, provide your | | | | authorities. |
| associate the certified copy of priority documents | | | | A Patent application in India is not examined |
| along with your instruction, so that all | | | | unless a request for Examination is filed within 48 |
| documentation can be completed on time. | | | | months from the date of priority. The ordinary |
| Where the International application or the priority | | | | time frame from filing of request to issuance of |
| application are in language other than English, | | | | examination report is 18-24 months therefore it is |
| provide an English translation of the same to your | | | | also advisable to file the request for examination |
| associate. | | | | as soon as possible (not to wait for 48 months |
| Demand from your associate that power of | | | | deadline) to expedite the grant in India. |
| authority as well as other formal documents be | | | | The time frame for putting the application in |
| sent to you for execution. | | | | order of Grant is 12 months from date of |
| The following requirements can be complied | | | | issuance of the examination report, but it is |
| within 6 months from date of filing of the | | | | advisable to file the response and initiate the |
| application, if your associate charges for late | | | | discussion with the examiner as soon as possible |
| submission of documents these documents | | | | to avoid any last minute hassles. |