Indian Patent Forms
A patent application consists of a completed application form titled “Request for the Grant of a Patent,” which is outlined in Schedule II of the Patents Rules 2009, and a specification.
Form Numbers 1, 2, 3, and 5 are essential for every applicant who wants to file a patent application. Form 26 (POA) is also required when Patent agent or attorney files this application.
6 Forms are required to get full registration of patents in India.
- Form 1:
Form 1 is an application form for a patent application that is submitted by an applicant filing before the Indian Patent Office (IPO). This form is essential for everyone who wants to file their patent.
It consists of all essential information about the applicant and inventor of the Invention.
- Form 2:
Form 2 supplies the patent specification or description of the patent application filed with the Indian Patent Office (IPO).
Form 2 consists of all details about the invention. It consists of theory about invention along with that we can find out all claims and fields of invention.
- Form 3:
Form 3 is a declaration submitted by the inventor to the Indian Patent Office (IPO) in which the applicant provides all the information regarding foreign filing applications.
It consists of details about applicants along with that, this form consists of a declaration about whether the applicant filed that invention in India or along with that in another country.
- Form 5:
Form-5 is a declaration for the inventor that has to be created by the applicant for true and first inventors of the particular invention.
Form 5 consists of information about applicant as well as inventor, even it consists of the declaration of the “right to apply for patent”.
- Form 9:
Form 9 is filed by the applicant for the early publication of the patent. To get the priority date or date of filing whichever is the earliest from the Indian Patent office as soon as possible OR as early as possible, probably within 15 days.
This form is also called early publication form.
- Form 18:
Form 18 can be filed by applicant or any interested person. This form is known as a “Request for an examination”. Applicant can file this form within 48 months from the priority date or filing date.
OR
- Form 18A:
Form 18 and Form 18A are the same forms in use but Form 18A is for the request for expedited examination that can be filed by eligible applicants.
Form 18A everyone cannot file but some eligible candidates can file Form 18A, which is as follows:
- a startup
- small entity
- A natural person.
- in the case of joint applicants, all the applicants are natural persons OR at least one person must be female
- Department of the Government
- institute established by a Central, Provincial, or State Act, which is owned or controlled by the Government
- a Government company as defined in clause (45) of section 2 of the Companies Act, 2013 (18 of 2013)
- an institution wholly or substantially financed by the Government
- India has been indicated as the competent International Searching Authority or elected as an International Preliminary Examining Authority in the corresponding international application.
- Form 26
Form 26 known as the Power of Attorney and must be executed on a stamp paper worth INR 100 to 500. Patent agent or Patent attorney does file an application on behalf of applicant.
Conclusion:
To obtain a grant for a Patent Application, one must follow the legal procedures outlined in the Indian Patent Act of 1970. As mentioned above, there are various forms categorized based on their purpose, each with its own set of requirements. Each form contains information regarding the invention, the inventor, and possibly the applicant. These forms hold significant importance in the Indian Patent system.