I have recently filed a non-provisional patent application with USPTO. I am interested in filing a non-provisional patent application in India. Would I be able to use the same specification and drawings to file the non-provisional patent application in India?

1 Answer 1


In general, yes. There are somethings that can be patented in the US that can’t in India - business methods are one example. Like in the EPO, a patent must have industrial applicability.

Pharmaceutical claiming may be different. At least at one time only the process of manufacturing could be covered, not the substance itself

India has compulsory licensing that can be invoked in some cases. That does not affect the application. I assume you will file via a practitioner authorized in India who might adjust the content of the US application to confirm to India’s formalities.

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    I'll be filing via a practitioner authorized in India. I was interested in if there was a need to adapt the specifications and claims for the Indian Patent Office. I guess whether the specification and claims can be filed as such would depend on the subject matter. I have a utility patent and it's not a business method nor does it have Pharma claiming.
    – vikx01
    Oct 20, 2022 at 16:42

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