Introduction
Patent has become increasingly popular in India due to the rising intellectual property right alertness and startup India action plan. In startup India action plan eligible startups would receive 80% deduction in patent filing fee to provide a boost to patent registered by Indian companies. Therefore, there is incredible interest among startup to obtain patent registration.
In accordance with the act of patent, the person, his assignee or legal representative of departed person, who before his death was one the inventor or assignee can apply for patents at the head office of the Indian Patent office or its branch depending upon in whose jurisdiction he resides or has a domicile or has a principle office of business, for foreign applicants, the application can be filled at the appropriate office, in whose jurisdiction the address of service or patent attorney’s office is situated.
Documents required for Patent filing in India
- Application form in duplicate (Form 1).
- Provisional or complete specification in duplicate. If the provisional specification is filed, it must be followed by the complete stipulation in a period of 12 months. (Form 2).
- Drawing in duplicate (if necessary).
- Abstract of the invention in duplicate.
- Instruction & proposition listing the number, filing date & current status of both foreign patent applications in duplicate (Form 3).
- Priority document (if priority date is claimed) in convention application, when assist by the Controller
- Declaration of inventor-ship where provisional specification is followed by complete specification or in case of convention/PCT national stage application (Form 5).
- Power of attorney (if filed by Patent Agent).
- Fees (to be paid in cash/by cheque/by demand draft)
Form 1: Application for Grant of Patent
The application for allotment of patent in India contains:
- name and address of the inventor(s),
- name and address of the applicant(s),
- Information corresponding to preceding patent applications for the current invention, which you or any authorized entity has filed, and
- Some declarations, among other information.
Form 2: Provisional / Complete Stipulation
Form 2 is used to furnish your patent specification. It may be provisional or a complete patent stipulation depending on the type of patent application you are filing.
Form 3: Statement and Undertaking under Section 8
Form 3 is used to provide information relating to patent applications filed in other countries for the current invention. You would guarantee that you will be keeping the patent office informed in writing the details regarding comparable applications for patents filed outside India.
Form 5: Declaration as to Inventor ship
This application is used to acknowledge the inventors of the current patent application.
Form 26: Power of attorney (if filed through Patent Agent)
Form 26 is used to appoint the power of attorney to the patent agent to contract with the patent application, correspondence and communication on your behalf.
Different forms of application for Patent filling in India
- A) ORDINARY APPLICATION
1) Name, Address and Nationality of applicant(s)
2) Name, Address and Nationality of inventor(s)
3) Complete Specification [or conditional specification if Provisional Application needs to be filed]
4) Detail, Claims, Abstract & Drawings, if any.
5) Details of all corresponding foreign applications, including application number, date of registration and current status of registration.
- B) CONVENTION APPLICATION
1) Name, Address and Nationality of applicant(s)
2) Name, Address and Nationality of inventor(s)
3) Complete Specification including Description, Claims, and Abstract & Drawings, if any
4) Priority claim details (Priority date, Country and Application number)
Verified English translation of priority document (may submit later)
- C) PCT NATIONAL PHASE APPLICATION IN INDIA
1) Name, Address and Nationality of applicant(s)
2) Name, Address and Nationality of inventor(s)
3) Complete stipulation including Claims, Abstract & Drawings, if any.
If the PCT application is in a language other than English, a verified English translation of the PCT stipulation is required.
4) PCT Application Details (International Application Number & Date)
5) Details of Priority application (if applicable)
- Priority date, Country and Application number
- Attested copy of priority document (if not filed at International Bureau)
- Verified English translation of priority document (can be filed later)
6) Details of all comparable foreign applications, including application number, date of filing And current status.
Conclusion:
In this blog we specially added the needs and essentials of patent registration in India if you follow all the process correctly it helps you to register easily. The patent, one among the several intellectual properties recognized all over world, form the most essential element of economic development of individuals’ as well as States’. Since time immemorial, some form of protection legal or otherwise, has been recognized in respect of discovery made by individuals on the basis of the utility or usefulness to the society at large-scale.
OUR SERVICES
Company Registration I Trademark I Copyright I Patent I GST I MSME
ISO Certification I Website/App Policy I Legal Documentation
Annual Compliance I Connect Consultant
Visit: Aapka Consultant to get Online Services of CA CS & Lawyers
