Prasad Patwardhan (Techno-Legal professional) 27 July 2012

Uspto provisional filing pre-requirements & cost

To file a provisional patent application in the USPTO, what are the pre-reqirements in India in terms of license, permission , filing in indian office first etc.

What is believed is just a FFL ( foreign Filing License) needs to be obtained from indian patent office and thereafter one can go ahead with USPTO provisional filing.

Also what are the tyoical official costs and professional services cost and firms who can facilitate for IT domain

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4 Replies

subramanian (consultant) 02 August 2012

Residents in India have to take permission from the patent office before filing for a patent outside India under section 39 of the patents act unless

1 An application for a patent for the same invention has been made in India.not less than six weeks before the application outside India; and

2 Either no direction has been given under sub section(1) of section35 in relation to the application in India,or all such directions have been revoked

T.R.Subramanian

consultant

Prasad Patwardhan (Techno-Legal professional) 13 August 2012

Thanks....

In an emplyee employer context, Assignment deed will have to be executed.

Any idea as to what are the registration formalities in india for the Assignment Deed.

Hope templates available on Internel would be good enopugh.

Does indian Patent office offer e-filing facility.

subramanian (consultant) 13 August 2012

Between empolyer and employee there is a contractual agreement which includes clauses on all patents etc. This is a standard agreement.However while filing application for patent in form 1 for a particular invention the inventor has to sign a declaration in para 9 that he is the true and first inventor and that the applicants are his assignee.This gives the right to the applicant even if there is no separate assignment.

T.R.Subramanian