PATENT FILING IN INDIA


Filing a patent application in Patent Office (India) is the first step towards securing a patent for an invention. The patent application can be filed by true and first inventor, assignee or legal representative of the inventor, either alone or jointly with any other person.

The patent application in India may be accompanied with a provisional or a complete specification. Provisional specifications are generally filed at a stage when the invention is still under progress. The provisional specification secures the priority date of the invention. Further, the complete specification is required to be filed within 12 months from the date of filing of provisional specification. When the patent application is accompanied by the complete specification, the Controller may on request of the applicant convert the complete specification into provisional specification or may cancel the provisional specification and post-date the application to the date of filing of the complete specification.

A set of forms is also required to be filed at the time of filing only by electronic transmission duly authenticated, including scanned copies of original documents. The original documents should be submitted to the Patent Office within 15 days from the date of filing or submitting that document electronically. Form-1, form-2, form-3, form-5 must be filed at the time of filing the patent application. Form-9, form-18 and form 26 are optional at the time of filing the complete specification and may be filed after filing the complete application. Form-3 is filed when the patent application is filed in other countries also for the same invention and form-26 is filed when the patent application is filed through an agent.

Forms to be filed:

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 18: Request/ express request for examination of application for patent

Form 26: Form of authorization of a patent agent/ or any person in a matter or a proceeding under the act

Further, Start-ups may optionally file Form 18A, instead of Form 18, for expedited examination of the patent application.

The fee for filing of the patent application varies as per requested services, contents of the specification (provisional or complete) and status of the applicant (natural individual, start-up, small entity, other than small entity). Further, 10% additional fee is payable when the patent application is filed through physical mode i.e. in hard copy format. The detailed breakup of the fee can be obtained from a fee schedule published by the Patent Office. (http://www.ipindia.nic.in/writereaddata/Portal/IPOFormUpload/1_11_1/Fees.pdf)


Leave a Reply

Your email address will not be published. Required fields are marked *