Convention Application Filing India: Complete Paris Convention Process Navigator

Master the 10-step process for filing convention applications in India under Paris Convention with our comprehensive guide and interactive timeline.

⚠️ Critical Deadline: 12 Months from Priority Date

Convention Application Process Navigator

Follow this step-by-step guide to successfully file convention application in India within the 12-month priority deadline

1
Power of Attorney (POA) Foundation
Execute Form 26 Power of Attorney to establish legal representation with Indian patent agents.
Key Requirements
  • Form 26 in prescribed format
  • Signatures from all applicants
  • Complete address and contact details
  • Notarization if required by jurisdiction
Duration: 1-2 days for preparation and execution
2
Patent Filing (Complete Specification) Core Filing
Submit complete specification with proper formatting, considering 30-page and 10-claim base limits.
Specification Structure
  • Field of invention and background
  • Summary of the invention
  • Brief description of drawings
  • Detailed description of embodiments
  • Claims defining protection scope
Base Limits: First 30 pages and 10 claims included. Additional charges apply beyond these limits.
3
Proof of Right Ownership
Establish legal ownership through assignment deeds and employment agreements.
Required Documentation
  • Assignment deeds (if invention was assigned)
  • Employment agreements showing ownership
  • Corporate resolutions for patent filing
  • Chain of title documents if multiple transfers
Critical: Indian Patent Office scrutinizes ownership claims carefully. Any ambiguity can lead to delays.
4
Priority Documents Submission Critical
Submit certified English translations of priority documents and proof of priority filing within required timeline.
Priority Document Requirements
  • Certified copy of priority application
  • Certified English translation (if originally in other language)
  • Proof of priority filing date and application number
  • Certificate from priority filing office
Paris Convention Deadline: Must claim priority within 12 months from original filing date.
5
Request for Examination Activation
Submit examination request within required timeline using Form 18 or 18A for expedited processing.
Examination Options
  • Normal Examination (Form 18): 18-24 months processing
  • Expedited Examination (Form 18A): 6-12 months processing
  • Available for individuals, startups, small entities
  • Higher fees but significantly faster processing
Timeline: Can be filed anytime after application filing, preferably within first few months for faster processing.
6
Form 5 - Declaration of Inventor If Applicable
Submit declaration of inventor when applicant is not the inventor (required for corporate applications).
When Required
  • Corporate applicants filing employee inventions
  • Assignee applicants (when inventor assigned rights)
  • Joint applications with mixed parties
  • University applications for faculty inventions
Timing: Filed within 6 months of patent application submission.
7
Examination & FER Response Technical Review
Respond to First Examination Report (FER) within 6 months with detailed technical arguments and priority document analysis.
Common Objections
  • Lack of Novelty: Prior art challenges including priority document review
  • Lack of Inventive Step: Obviousness concerns over existing technology
  • Priority Claims: Validation of priority document contents and dates
  • Industrial Application: Commercial utility questions
Response Timeline: 6 months to respond (3-month extension possible). Quality and priority document support determines success.
8
Hearing & Written Submission Final Advocacy
Attend patent office hearing and file written submission addressing examiner's concerns about priority and patentability.
Hearing Process
  • Interactive discussion with patent examiner
  • Technical presentation with priority document support
  • Opportunity for real-time claim amendments
  • Written submission following hearing (30-60 days)
Outcome: Often the final opportunity to secure patent grant through direct advocacy and priority document clarification.
9
Grant Reporting Success
Receive patent grant notification, certificate issuance with priority date recognition, and begin commercial exploitation.
Grant Process
  • Official grant notification in Patent Journal
  • Patent certificate with priority date acknowledgment
  • 20-year protection period from Indian filing date
  • Priority date advantage for prior art evaluation
Priority Benefit: Your invention is protected from the original priority date, providing earlier effective filing date for prior art purposes.
10
Payment of Annuity Maintenance
Maintain patent through annual fee payments for the complete 20-year protection term from Indian filing date.
Payment Schedule
  • First payment due at end of 2nd year from Indian filing
  • Annual payments on anniversary thereafter
  • Grace period available with penalty fees
  • Strategic portfolio management decisions
Business Strategy: Align patent maintenance with commercial goals and technology lifecycle, considering priority date advantages in enforcement.

Frequently Asked Questions

Get answers to the most common questions about convention application filing in India

The deadline for convention application filing in India is 12 months from your priority date under the Paris Convention. This deadline is strictly enforced—missing it means losing your priority benefits and starting fresh with a new application, which would lose your priority date advantage for prior art evaluation.

Essential documents include: Power of Attorney (Form 26), complete specification, priority documents in English with certified translations (if originally in other language), proof of priority filing with certificate from priority office, Form 3 within 6 months, and Form 5 if applicable when applicant is not the inventor.

Normal examination takes 18-24 months from examination request. Expedited examination (available for individuals, small entities, MSMEs, and educational institutions) can reduce this to 6-12 months. The First Examination Report typically issues 12-18 months after the examination request is submitted.

Convention application filing follows Paris Convention route with 12-month priority deadline and requires priority documents in English with certified translations. PCT route offers 31-month deadline with international phase processing before national phase entry, using WIPO documents instead of direct priority documents.

Yes, certified translations are mandatory. If your priority application was filed in a language other than English, you must provide certified English translations of all priority documents for convention application filing in India. The translations must be prepared by authorized translators and properly certified.

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