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Here’s how to file a Patent application in India

BananaIP Counsels > Intellectual Property  > Here’s how to file a Patent application in India

Here’s how to file a Patent application in India

The process of filing an application for patent differs from one country to another. In this post we will take a look at some of the basic forms and also the details which are required to be provided at the time of filing a patent application in India.

Depending upon the type of application to be filed, there might be a few changes in the Forms that need to be filed. Let us take a look at the most basic types of forms as well as the details that are needed to be filled while filing a patent application in India. The following forms are applicable in both cases of physical filing or e-filing.

  1. FORM 1: APPLICATION FOR GRANT OF PATENT

FORM 1 is the 1st form to be filed while applying for a patent in India. It requests the Patent office to grant permission to an applicant to apply for a patent for a particular invention.

CONTENTS OF FORM 1:

  • Name of the applicant(s).
  • Name of the inventor(s).
  • Title of invention.
  • Address for correspondence of applicant / Authorised patent agent in India.
  • Priority particulars of the application(s) filed in convention country (if applicable).
  • Particulars for filing Patent Cooperation Treaty (PCT) National Phase Application (if applicable).
  • Particulars for filing Divisional Application(if applicable)
  • Particulars for filing patent of addition.(if applicable)
  • Declarations:
    • By the inventor(s)
    • By the applicant(s)
  •  Required attachments.

NOTE: FORM 1 has to be filed within 6 months from the date of filing the application.

  1. FORM 2 : PROVISIONAL/COMPLETE SPECIFICATION

FORM 2 basically contains a detailed description about the invention for which a patent is to be applied for. It can either be provisional or specific.

CONTENTS OF FORM 2:

  • Field of Invention.
  • Background of Invention.
  • Brief descriptions of the accompanying drawings.
  • Brief description of the invention.
  • Claims
  • Abstract

NOTE: FORM 2 has to be filed at the time of filing the application.

  1. FORM 3 : STATEMENT OF UNDERTAKING u/s 8

FORM 3 basically informs the patent office about any filings of the same invention in any other country.

CONTENTS OF FORM 3:

  • Name of the applicant.
  • Name, address and nationality of the joint applicant.
  • Name and address of the assignee.
  • Details of filing of any foreign application for the same or the same type of invention.

NOTE: FORM 3 has to be filled every 6 months to inform the patent office about any foreign filing done for the same or the same type of invention outside India.

Form 3 has to be filed 6 months from the date of filing the application or six months from the date of filing an application outside India or six months from the date of communication by controller.

  1. FORM 5: DECLARATION AS TO INVENTORSHIP

CONTENTS OF FORM 5:

  • Name of the application(s)
  • Details of the inventor(s): Name , Address, Nationality
  • Declaration to be given when the application in India is filed by the applicant(s) in the convention country.

NOTE: FORM 5 has to be filed either with the complete specification or within 1 month from the date of filing of the complete specification.

  1. FORM 9: REQUEST FOR PUBLICATION(FOR EXPRESS PUBLICATION)

FORM 9 is generally filed when the applicant requires fast and speedy publication report regarding the patent.

CONTENTS OF FORM 9:

  • Name, Address and Nationality of the applicant(s).
  • Request for early publication to be signed by the applicant or authorized registered patent agent.
  • Name of the neural person who has signed.

NOTE: FORM 9 can be filed anytime before the expiry of 18 months from the date of filing or priority, whichever is earlier.

  1. FORM 18: REQUEST FOR EXAMINATION

The FORM 18 is filed in order to request the patent office to conduct an examination for the patent.

CONTENTS OF FORM 18:

  • Details of the applicant(s) / Other interested person(s):
    • Name
    • Nationality
    • Address
  • Date of publication of the application u/s 11 A.
  • Statement in case of Request for Examination made by the applicant(s).
  • Statement in case of Request for Examination made by any other interested person(s).
  • Address for service.

NOTE: FORM 18 can be filed within 48 months from the date of filing or priority, whichever is earlier.

  1. FORM 26: FORM FOR AUTHORISATION OF A PATENT AGENT OR ANY PERSON IN A MATTER OR PROCEEDING UNDER THE ACT:

FORM 26 is basically a declaration made by either the inventor(s) or the applicant(s) where they authorize a particular party to act on its behalf regarding a certain matter relating to the patent.

CONTENTS OF FORM 26:

  • Name, Address and Nationality of the authorizing person(s).
  • Name, Address and Nationality of the person(s) who are to be authorized.
  • Mention of the particular matter or proceeding regarding which the authorization has to be made.
  • Signature of the person(s) who are making the authorization.
  • The name of the natural person who has signed with the designation and official seal, if applicable.
  1. FORM 27: STATEMENT REGARDING THE WORKING OF THE PATENT :

This Form tells us about the status of a particular patented invention and whether the invention has working commercially or not.

CONTENTS OF FORM 27:

  • Details of the applicant(s): Name, Address, and Nationality.
  • Mention of the year in which the statement relates.
  • Additional details:
    • Whether or not  the patent has worked
      • if yes then, mention the quantum and value of the patented  product in INR.
      • if no then, reasons for not working and corrective steps taken for the working of the patented invention.
    • Mention the licenses and sub-licenses granted during the year.
    • Mention if the public requirement has been met partly/ adequately/to the fullest extent at the reasonable price.
  • Signature of the person(s) giving the statement.

NOTE: FORM 27 is to be filed three months before the end of each year.

  1. FORM 28: DECLARATION BY SMALL ENTITIES:

FORM 28 contains a declaration by certain applicant(s) in order to prove that they are a small entity.

CONTENTS OF FORM 28:

i) Name and address of the applicant(s).

ii) Mention the name of the document submitted to prove the same.

These are some of the most basic forms which are required to be filled with the patent office when seeking a patent grant in India.

Depending on the acceptance of the recently proposed DIPP Draft Patent rules, which are likely to become effective later this month, some of the Forms and the particulars of the Forms may undergo a change. We will keep our readers posted about this.

Authored by Aniruddha Doss

Contributed by Portfolio team of BananaIP

For more info and assistance in filing a patent, write to [email protected]

 

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