Filing a patent application in the Indian Patent Office is the first step towards securing a patent to your invention in India. Moreover, for the patent filing process in India, one needs to submit a set of forms to the patent office. To file a patent application, you will have to submit form 1, form 2, form 3 and form 5. Subsequent to filing these forms with the appropriate fees, you will receive a patent application number from the patent office.
Patent Filing process in India: Steps to consider
The submission of forms during the patent filing process in India is simple and easy. One can submit the forms 1, 2, 3 and 5 online. The filing of all forms of the patent office can be online.
An overview of each of the forms is provided below.
Form 1 – Application for Grant of Patent:
In this form, you will have to furnish information, such as name and address of the inventor, applicant, etc. Also, you need to cover the information corresponding to prior patent applications relating to the current invention and other declarations.
Form 2 – Provisional/Complete Specification:
Form 2 helps to furnish your patent specification. The patent specification can be provisional or a complete patent specification depending on the type of patent application you are filing.
Form 3 – Statement and Undertaking Under Section 8:
Form 3 helps in furnishing the information relating to patent applications which one files in other countries for the current invention. Additionally, one also needs to furnish any information relating to the rights corresponding to the present patent application.
Form 5 – Declaration as to inventorship:
This application declares the inventors of the subject matter sought to be protected using the current patent application.
Request for Publication:
If you do not request for a publication, then the patent office publishes the patent specification after 18 months from the priority date. On the other hand, you can generally ensure the publication of your patent specification within 1 month from filing this form.
Request for Examination of Application for Patent
One can file this form within 48 months from the priority date. The patent office will not consider your patent application for examination without filling this form. Hence, if you wish to expedite the patenting process, you must fill the form 9 and 18 at an early stage.
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