Priority from a convention Application can be claimed provided the basic Application was filed on or after December 7, 1998 and the
Indian Application is filed within six months from the date of filing of the basic Application. Multiple Class applications can be filed in India.
As regards Service Marks are concerned these can also be filed in India.

Documents and information required for filing a new Trademark Application in India are as follows:-

a).	Name, address and Nationality of the Proprietor/Applicants
b).	The Trademark and/or the design to be registered alongwith 10 representations (if other than a word mark),
c).	the Class in which the mark is to be Registered, the Goods under such class and the period of use or date of first use in India or a statement that the mark is proposed to be used.

As regards Certified copy of the priority document is concerned, please note that the Certified copy of the priority document can be filed
within three months from the date of filing of the Application.

For obtaining copies of the required documents for filing a Trademark Application in India
kindly send us an email at knk@kankrishme.com or patents@ndf.vsnl.net.in

PATENT LAW AND PRACTICE IN INDIA

The Indian Patents Act 1970 has been amended by Patents Amendment Act, 2002 and Patent Rules 2003 have now been enforced.
The following are the main features of the Amendments.

Request for Examination : It is now possible to file an Application for Applications filed by you or also of Applications filed by somebody else provided you can prove your interest in such Applications. The Request for examination has to be filed within 48 months from the date of filing or within 12 months from May 20, 2003, whichever date is later.

Request for Application for WTO Black Box Application : The Request for WTO Application can only be made within a period of 12 months from 31st day December of 2004 or within 48 months from the date of the filing of the Application whichever is later.

Convention Country : "Convention Country" now includes a group of countries, union of countries or an inter-governmental organization. This will enable claiming priority from Applications filed under other treaties and conventions, for e.g European Patent Convention.

The Concept of "invention": The definition of invention have been enlarged to mean "a new product or process involving an inventive step". This will render Patentable, inventions hitherto unpatentable in India, e.g…, methods of combustion, signal processing, production of energy etc.

Publication: An Application for Patent in India will, on expiry of eighteen months from its priority date, be published. Earlier an Application would be published only after acceptance thereof. This will be in line with the PCT and EPO practice. Therefore, only way publication may be avoided is by withdrawing the Application before the expiry of eighteen months from its priority date.

Time for placing the Application in order: The time for placing the Application in order for acceptance has been reduced from fifteen months (extendible by three months) to just twelve months which will not be extendible. This will again call for a careful re-docketing by Applicants and their Agents to avoid untimely lapse of an Application.

Publication of all documents: The date of Application, number of application, name and address of the applicant identifying the application and an abstract will be published in.

Opposition: The following two new grounds of the opposition and revocation have to be added: (a) the complete specification does not disclose or wrongly discloses the source of the biological material used and (b) anticipation of the invention by prior knowledge, oral or otherwise, available within any local or indigenous community in any country. The purpose is to protect traditional knowledge. We expect that the burden or establishing these grounds will be rather heavy.

Restoration: The period for restoration of lapsed Patent has been increased to eighteen months from twelve months. No special evidence will be required to be filed.

Reversal of burden of proof: In special cases where the alleged infringement is for a process for the manufacture of a new product, the burden of proof may be on the defendant to establish that its process does not constitute an infringement. Hitherto, the burden of proof on all classes of infringement cases was always on the plantiff.

Term of Patent: The term of the Patent is now twenty years from the date of filing. This also means that all the patents that had not expire, as on May 20, 2003, will have a term of 20 years. This is of great importance for pharmaceutical, agrochemical and food related subject matters patents which will instead of 7 year term shall have a term of 20 years. In other words patent which were expiring after May 20, 2003, will now get a further life of 13 more years.

Appellate Board: An Appellate Board will be established. This will enable speedy disposal of appeals.

 

INFORMATION AND DOCUMENTS REQUIRED FOR FILING PATENT APPLICATIONS IN INDIA

Minimum information and documents for filing a Patent Application in India-

·	Name, address and nationality of the Applicant(s) and the Inventor(s).
·	Complete specification in English language including drawings (if any).
·	Particulars of the priority to be claimed such as the date of filing and the Application number of the basic Application.
·	For PCT Applications the International filing date and number and the date of filing and the Application number of the basic Application.

No Forms are required to be completed in Convention Application.

 

INFORMATION REGARDING ENTRY INTO THE NATIONAL PHASE
IN INDIA OF AN INTERNATIONAL PCT APPLICATION

When does your Patent Application enters into National Phase of India as PCT

HOW DOES THE NATIONAL PHASE START?
The national phase start only if the Applicant performs certain Acts, either before the expiration of a certain time limit or together with an express request that it start earlier. The Applicant should not expect any notification inviting him to perform those Acts (though in some designated / elected Offices, he may receive such invitations). It is his sole responsibility to perform them in due time, even though, for example, the international search report or, if Applicable, the international preliminary examination report is not yet available.
THE TIME LIMIT FOR ENTERING THE NATIONAL PHASE
(i)	BEFORE DESIGNATED OFFICE --- Where the Applicant has not filed a demand for international preliminary examination, the time limit within which the Applicant must enter the national phase by performing certain Acts is governed, for the designate Offices, by Article 22. In case of DO/IN it is 21 months from the priority date.
(ii)	BEFORE A ELECTED OFFICE --- If the Applicant files a demand for international preliminary examination prior to expiration of 19 months from the priority date, the time limit before which the Applicant must enter the national phase by performing certain Acts is governed, for the elected Offices by Article 39(1). In case of EO/IN 31 months from the priority date.

ACTS TO BE PERFORMED FOR ENTRY IN TO THE NATIONAL PHASE

An Applicant desirous of entering the Indian national phase before DO/IN or EO/IN is required to perform certain Acts within the time limit Applicable
for entry into the national phase [under PTC Article 22 or Article 39(1)]. We have used the sentence "performance of certain Acts" quite often above; the
actual meaning of the same is meeting the requirements as laid down in the Treaty. The requirements are of two types, namely (a) basic requirements and (b) additional special requirements to be complied with by the Applicant in connection with the national phase.

Basic requirements

Under the said basic requirements, to start the national phase in India, the Applicant is required to file the following with the DO/IN or EO/IN within the
prescribed time limit: -

(i)	an Application on a plain paper (national form is mandatory, however the option remains with the Applicant
(ii)	national fee in INR:	INR 750/- for individual (s) in case of no or one priority, and multiple of
		INR 750/- in case of every multiple priority,
		INR 3,000/- for legal entity other than individual(s)
		In case of no or one priority, and multiple of INR 3,000/- in case of every multiple priority;
(iii)	Where the international Application has not been filed or published in one of the official language of DO/IN or EO/IN as the case may be, a translation of the Application (this replaces the requirement in (I), above) in one of the official languages, [under PTC Article 22: Description, claims (if amended, both as or originally filed and as amended, together with any statement under PCT Article 19,) any text matter of drawings, abstract. Under PCT Article 39(1): Description, claims, any text matter of drawings, abstract (if any of those part has been amended, both as originally filed and amended annexes to the international preliminary examination report)].

Additional special requirements

Under the said additional special requirements (PCT Rule 51bis), no designated Office is to require before the expiration of the applicable time limit for
entering the national phase, the performance of acts other than those referred to in Article 22, namely the payment of national fee, furnishing of a translation
and, in exceptional cases, the furnishing of a copy of the international application, and indication of the name and address of the inventor. All other requirements
of the national law are referred as "special requirements" and they may be complied with once national processing has started. As per DO/IN or EO/IN the
special requirements of the Office are as follows:

(i)	Name and address of the inventor if they have not furnished in the "Request" part of the international Application,
(ii)	Instrument of assignment or transfer where the Applicant is not the inventor,
(iii)	Document evidencing a change of name of the Applicant if the change occurred after the international filing date has not been reflected in a notification form the International Bureau (From PCT/IB/306),
(iv)	Declaration of inventorship by the Applicant,
(v)	Statement regarding corresponding Applications in countries,
(vi)	Power of attorney if an agent is appointed,
(vii)	Address for service in India ( but no representation by an agent is required),
(viii)	Verification of translation, and
(ix)	International Application or translation to be furnished three copies.

For obtaining copies of the required documents for filing new PCT Application in India
kindly send us an email at knk@kankrishme.com or patents@ndf.vsnl.net.in

 

Design

Please note that priority can be claimed in India within six months from the date of filing of the basic Application.

Documents and information required for filing a new Trademark Application in India are as follows:-

(i)	Photographs of the Article in "black and white or colour" depicting the top, bottom, front, back and perspective views. (6 copies of each view)
(ii)	Complete name, address and nationality of the Applicant
(iii)	The Power of Attorney as attached hereto.
(iv)	In case the priority is to be claimed the priority date and date of filing of the basic Application is also required as well as certified copy of the priority document and verified English translation thereof at the time of filing a design Application.
(v)	Drawings do not have to be printed on any particular paper

For obtaining copies of the required documents for filing new Design Application in India
kindly send us an email at knk@kankrishme.com or patents@ndf.vsnl.net.in

THE TIME LIMIT FOR ENTERING THE NATIONAL PHASE