Types of Patent Application
Before filing a “patent application“, the applicant must be sure about the kind of application that he/she wants to file. On the whole, there are majorly five different types of patent applications. Each application serves a different purpose. The applicant must, therefore, choose the type of patent application that suits his/her requirements.
The following paragraphs will fully reveal the different kind of patent applications and the purpose that they serve:
1. Ordinary application
An ordinary patent application may be filed if the applicant does not have any priority to claim or if the application is not filed in pursuance of any preceding convention application.
2. Convention application
Filing a convention application allows the applicant to claim priority in all the convention countries. The applicant can claim priority if the same or substantially similar application has been filed in any of the convention countries. The time limit for claiming priority is 12 months from the date on which the first convention application was filed in a convention country.
In the national phase, the applicant is required to file the national phase patent application in India within 31 months of the international filing date or priority date whichever is earlier. The national phase of a PCT application resembles a national filing in a respective country. The decision to grant patent protection in a particular country ultimately rests on the Patent Office of that country. However, the filing of PCT patent application is much simpler than the filing of normal national patent application since most of the formal requirements are resolved in the international phase itself. Also, the national examiners most often follow the search report conducted in the international phase.
4. Patent of Addition
Suppose you have already filed for a patent and you have come across a slight improvement in the invention. You may not be able to file a new patent application, as it would not satisfy the requirement for inventive step. That is when a patent of addition may be filed. A patent of addition protects the improvement. There is no separate renewal fee for a patent of addition and it expires when the main patent expires.
5. Divisional Application
When there is more than one invention in a patent application the applicant may be required to (or of his own accord) divide the application based on the number of inventions the application contains. A divisional application may be filed any time before the grant of a patent. The priority date of the divided applications is the same as the parent patent application.
The applicant can, therefore, choose from any of the preceding mentioned types of applications depending on the Applicant’s requirements. You may also interested to read patent filing procedure in India.