Patent Filing Requirements in India
This post was first published on 14th January, 2011.
Filing of a Patent application in India has been simplified by the option of E-filing software. With the use of digital signature an authorized patent agent or applicant can directly file a patent application in the E-filing software.
Normally, a patent application can be filed by the true and first inventors or the assignee having acquired the authority from the true and first inventors.
The following documents/forms are required at the time of filing an application either through E Filing software or hard copy filing:
Form-1: An Application for grant of patent on Form-1 providing all details of the applicant, inventors, title of the invention, countries in which the application was filed earlier, declaration by the inventors as being first and true owners of the invention and it being assigned to the applicant and list of all enclosures that shall accompany with this particular application. This application for grant has to be signed by an authorized patent agent or by the applicant.
Form-2: An Invention drafted according to the required template with title of the invention, specification, claims, abstract and drawings have to be submitted on Form-2. However, in case of provisional application even though claims are not required, specification with brief description of the invention has to be submitted on Form-2.
Form-3: A statement of undertaking as mentioned in Form-3 has to be submitted to the Indian Patent Office either at the time of filing or within Six months from the date of filing in India. This statement shall include details of all applications filed outside India for same or sustainably same invention.
Further, within six months from the date of filing in foreign country, the applicant has to submit a statement of undertaking of such filing to the Indian Patent Office.
Form-5: A declaration as to inventorship has to be made by the applicant with respect to the true and first inventors of the invention in question on Form-5 along with complete specification on Form-2 or within one month from the date of filing in India. This form shall have complete details of name, nationality and address of the applicant and all the inventors.
Form-26: An authorization to represent the applicant in the Patent office should be made in Form-26 or form of power of attorney which shall be on INR 100 stamp paper. Form-26 has to be submitted at the time of filing the patent application.
Apart from the above forms, a copy of priority document (and translation, if any) has to be submitted for an application claiming priority from a convention application and even in case the priority document was not submitted in the international phase, then it has to be submitted while filing national phase application in India. Further, a copy of international search report and international examination report on patentability (if any) has to be submitted with a national phase application at the time of filing.
If the applicant wants to file an application for patent and has acquired the right by virtue of assignment of the invention, then the proof of such right has to be submitted while filing the application or within Six months from date of filing in India. In normal practice, a declaration by the inventors in Form-1 (application for grant) shall suffice as proof of right.
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Authored by Adithi Varna
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