Patent form filing in india by Company360.in

Governing provisions:

  1. The Patents Act, 1970; and,

  2. The Patents Rules, 2003.

Forms available at:

All the forms which are used in the patent filing process can be accessed from the following:

http://www.ipindia.nic.in/form-and-fees.htm

Details of forms required for patent filing:

1. At the time of filing:

Form 1 – Application for Grant of Patent.
Form 2 – Provisional/Complete Specification.
Form 3 – Statement and Undertaking Under Section 8.
Form 5 – Declaration as to Inventorship.
Form 26 – Authorisation of a Patent Agent/Or any Person in a Matter or Proceeding Under The Act.
Sequence listing in computer readable text format (if any).
Duplicate drawing – if necessary.
Abstract of the invention in duplicate.
Priority document (if priority date is claimed) in convention application, when directed by the Controller.

2. Within three months from the date of application:

Form 28 – To be submitted by a small entity/startup along with every new patent application (in case of Patent Agent).
Certified English translation of the priority application (for convention application).
Certified copy of the priority application, if requested by the Controller (generally required for the convention, but may also be required for the national phase application, in case if the priority document was not submitted with the International Bureau).

3. Within six months from the date of the application:

Assignment Deed or Application Form validated by the inventor (if the inventors are not the applicants).
Particulars of corresponding applications filed in other countries (information and undertaking under Section 8)

4. Within 31 months of the priority date:

Certified English translation of the PCT application (for national phase application).

5. Ten percent of additional fee is applicable when the applications for patent and other documents are filed through the physical mode (hard copy) instead of online mode.

6. The fees has been provided in the First Schedule.

7. The official fees for filing of grant of patent, request for examination, expedited examination request, patent annuity etc. in India is established on the type of applicant with the lowest fees payable by an individual applicant or a start-up which is one-fifth of the fees payable by a large entity. The fees is fifty percent less for small entities as compared to the fees payable by a large entity.

8. Form of application:

The content and form of application are stated in the Patents Acts, 1970 read with the Patents Rules, 2003. Accordingly:

a. Every application for a patent shall be for one invention only and shall be filled in the prescribed form and filed in the patent office.

b. Every international application under the Patent Cooperation Treaty for a patent shall be deemed to be an application under this Act (as may be filed designating India), if a corresponding application has also been filed before the Controller in India.

c. The Filing date of an application, as specified in sub-section 1A, and its complete specification processed by the patent office as designated office or elected office shall be the international filing date accorded under the Patent Cooperation Treaty.

d. Where the application is made by virtue of an assignment of the right to apply for a patent for the invention, the proof of right to make the application shall be furnished along with the application or within such period as may be prescribed after the filing of the application.

e. Each and every of such application(s) shall state that the applicant is in the possession of the invention and the name of the person shall be clearly stated who is claiming to be the true and first inventor; and where the person who is making the claim, is not the applicant or one of the applicants, the application shall contain a declaration that the applicant believes the person so named to be the true and first inventor.

f. Each and every such application(s), which is not a convention application or an application filed under the Patent Cooperation Treaty designating India, shall be accompanied by a provisional or a complete specifications.

9. After a patent is licensed, it is mandatory to record the licence at the Indian Patent Office. If the licence is not recorded at the Indian Patent Office, the Patent Office or the Court may not admit the same to be a proof of share/interest in the patent at a later stage.


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