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Posted by Anonymous . updated on 2/26/2009
I'm an individiual entrepreneur based in India working in the field of embedded software for home security. I am working on an important product which I thought was good enough to be patented.

In order to keep the costs low, I filed a provisional application for my invention in consultation with a local law firm in September 2004. I'm now interested in filing a complete specification application in India as well in US. My consultant at the law firm says that I can now file for the final patent in India and US within one year from the filing date of the provisional. However I just wanted to confirm some issues with experts here before moving further.

1. Does the provisional provide protection for filing the final application both in India and US?
2. Do I need to file the final applicatrion both in India as well as US on the same day or something? Or can i file it anytime within the one year period?
3. And what should be the best strategy if I want to file in some other countries also?

I look forward to some expert advice from the experts on this forum.

Thanks in advance and wishing all a very happy new year.

Regards,
Paveen
Answers (3)
 
Praveen
guys this is very urgent and I need your expert comments on this. Please throw some light.
 
 
guest
Praveen,
   Answers to your questions:
1. Yes
2. You can file anytime during one year .  In US you can file even after one year till the Indian patent gets granted..however you will not get benefit of  india  priority date in that case.

3. If you are sure that you need  to file in other countries also, file everywhere within one year only to get protection from the date of filing of indian provisional application.
 
 
Praveen
Thanx guest for your answers
 
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