Patent applications are divided into one or more types by the patent office, and as per Indian Patent Office, a patent applicant can type multiple kinds of patent applications. The documentary requirements and other formalities for each patent application type are different, and hence it is crucial to identify the exact type of patent application before initiating the patent filing process. While filing for a patent, few things are to be considered. The first is which type of application you are filling. In patents, there are five types of patent applications:
(a) Ordinary Application is the application which is made at the Patent Office for grant of patent and does not contain any priory claims of application made in any convention country or countries.
(b) Convention Application is a subsequent application made under Section 135 of the Patent Act, 1970, claiming the priority date on the application which was filed earlier, where applicant has already filed an application for grant of patent in a convention country or countries.
(c) PCT Application stands for Patent Cooperation Treaty. The Patent Cooperation Treaty (PCT) is an international patent law treaty, concluded in 1970. It provides a unified procedure for filing patent applications to protect inventions in each of its contracting states/countries. The applicant gets 30-31 months’ time to enter into these countries for getting protection on its invention, wherein such an application is called PCT National Phase Application. In addition, patent applicants can file a PCT International Application, either with the Indian Patent Office as Receiving Office, or directly with International Bureau (IB) of the World Intellectual Property Organization (WIPO).
(d) Divisional Application is filed under two circumstances:
When the applicant believes that his/her application contains more than one invention and the other inventions can be differentiated from the original application and filed as a separate application.
When the controller of patent is of the opinion that the application contains of claims for more than one invention.
(e) Additional Application can be filled by an applicant when he/she is desirous of making changes or making improvements to the earlier invention. No additional fee is charged for filing of an additional application. The patent for addition will be granted along with the original application.
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