There is no concept of global rights under the Patent laws. Patent rights are territorial in nature. If an inventor has secured grant of patent within ‘X’ country, he will have proprietorship right in that patent within the jurisdiction of ‘X’ country only which means proprietary rights in patent are limited to the country in which inventor secured the patent protection for the invention.
There are various routes to protect the invention as patent in other countries. Irrespective of whether inventor wishes to file directly outside their home country or first in the home country and thereafter outside, there are two broad routes available which are termed as:
- Paris Convention route, and
- PCT route
Paris Convention route:
Under Paris Convention, inventor may first file a application known as a priority application with the priority date and then file the same patent application within 12
PCT route (PCT Filing in India):
The process under PCT route allows an inventor to file application in another country within the period of 30 months from the date of filing application in home country. The applicant typically has 30 months’ time period to enter the International Patent Application in other countries of interest which is called National Phase Entry.
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DOCUMENTS REQUIRED FOR PATENT REGISTRATION
Major Documents required for Patent Registration in delhi, India:
1. Application form for the grant of patent in India (Form 1);
2. The name and address of the inventor(s);
3. The name and address of the applicant(s);
4. Information analogous to prior patent applications relating to the current invention, which inventor or any authorized entity has filed;
5. Provisional or complete specification along with Drawings;
6. Abstract and relevant information of the invention;
7. Declaration of inventor-ship;
8. Proof of right to make an application;
9. Power of attorney, if application to be filed through Patent Agent.