Once you invention is through the above said criteria than you should draft your patent application. It is pertinent to mention here that you could either go for provisional specification or complete specification.
Provisional Specification: Provisional specification are generally filed when the invention is at developing stage and the inventor is yet to finalize it. Provisional specification is generally devoid of claims, and a complete specification is required to file within one year of the filing of the provisional specification as in absence of which the provisional specification is abandoned. The basic purpose of filing provisional application is to obtain an earlier filing date (also called priority date).
Complete Specification: Complete specification as the name indicates is complete and finalized specification comprising claims. The inventors who have finalized their invention generally prefer to file complete specification. As mentioned earlier even for provisional specification a complete specification is required to be filed. So actually provisional specification adds to the cost of Patent drafting in case one hire a Patent Agent for drafting.
Where to file: Once the specification is drafted it may be file in the appropriate patent offices. In India in there are four patent offices located in four major metropolitan cities (Delhi, Mumbai, Chennai and Kolkata) there contact details are http://www.ipindia.nic.in/ContactPersonDetails.htm
The selection of the appropriate patent office depends upon the state within which the Applicant resides or has office.
Filing of the application (Compete or provisional)
Publication in journal (for third party opposition)
Examination(evaluation of application according to law)
Examination report reply (compliance to objections)
Acceptance or rejection based on reply/hearing
Grant of Patent( for 20 years from the earliest date of filing).
Cost: The costs for filing a patent application in India depends on various factors like total number of claims, pages of specification, and nature of Applicant (whether natural person or legal entity).
The official fee for filing the application INR 1000 (for 30 pages specification with 10 claims) Apart from filing fees there is fee for early publication of patent application which is INR 2500(optional) and Request for Examination fee INR 2500(mandatory); these amounts would be four times in case the Applicant is a legal entity (corporate).
Further, if you hire a patent agent his fees would be over and above and would vary from agent to agent.
Time Required: There is no fixed time frame prescribed under the law for the grant of a patent, but usually it takes around 4-5 years from the date of filing.
I hope the above details solves your query, in case you require any further details on any clarification feel free to contact.
The address for service should be in India. Hence, Foreigners heed to contact the IP Attorney/ Agent in India to serve them better. Granting of Patent does not only involve Patent filing stage, there are many stages of local laws which foreigners are not aware of hence, they have to coordinate with Indian Patent attorneys to get their Patent Grant.
Even though u r a foreigner,anyone of the inventor should be in India. Or u can give a declaration stating that, Mr XXX will be acting on your place and will carry out the patent processing work. Have a look at this website.
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