What Documents are required for filing Patent Application in India?

What Documents are required for filing Patent Application in India? – Patent documenting has turned out to be progressively well known in India because of the rising awareness of intellectual property (IP) and Startup India Action Plan. Now, to provide a lift to patent registered among Indian organizations, India has begun the – Startup India Action Plan which provides 80% rebate in patent filing fees to startup companies. Thus, there is gigantic enthusiasm among new businesses for getting patents. In this article, you can find the list of documents required for patenting.

The documents required for filing a patent application in India

  • Declaration as to inventor-ship
  • Statement and Undertaking
  • Proof of right to make an application
  • The authorization of agent

Forms to be filled

Form 1 – Application for Grant of Patent

This form is an application for grant of patent in India. This form includes details like name and address of the inventor(s), name and address of the applicant(s), disclosure of information related to prior patent application comparable to current invention filed by any of the applicants, and other information.

Form 2 – Provisional/Complete Specification

The form deals with the patent specification. Depending upon the type of application being filled, the form may be provisional or a complete patent specification.

Form 3 – Statement and Undertaking under Section 8

It is utilized to provide details/activities corresponding with patent applications documented in different nations for the current invention. Furthermore, any details corresponding with the rights relating to the present patent application must be provided. Furthermore, you will keep the patent office informed in written about the details in regards to comparing applications for patents documented outside India. It can be filled along with the application or within 180 days from the date of application.

Form 5 – Declaration as to Inventorship

This application is utilized to proclaim the subject matter to be ensured under the present patent application. They filled along the application with convention application or a PCT application or complete specification. It is filled within 30 days from the date of filing of application,  in case  a request is forwarded to the controller in form-4

Form 9 – Request for Publication

Filing this form is optional. If you fill the form then the patent specifications will be published within 30 days from filing this form. In the opposite scenario, the patent office will publish the patent specifications after 18th months from the priority date.

Note that the patent rights begin from the date of publication of the patent application and enforceable after grant of patent.

Form 18 – Request for Examination of Application for Patent

The essentiality of the form is top notch, since without this form patent office will not consider application for examination.  The form can be documented within four years from the priority date. In case you desire a faster patenting process, it is ideal to file form 9 and 18 at early stage.

Form 26 – Power of attorney

In situation where, the patent application is filled by a patent agent, form 26 is a must. It is used to assign the power of attorney to the agent, for dealing with the patenting process on your behalf.

Form 28 – A small entity

If you are a small entity, it must be filled and submitted along the patent application.

Note: Along with the Patent application form -1, proof of right to make an application is documented from the inventor’s side. It can be filed as a separate agreement along with the application or an endorsement at the end of the application.

Related Resources:

Patent Filling in India

File Patent Applications in India

File National Phase Patent Application in India

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