An application for a Patent is
to be made in the format prescribed by the Patents Act and the
Patent Rules. All applications are to be accompanied by a
specification clearly describing the invention claimed. The
following documents must accompany the application:
- Application for grant of patent in Form 1;
- Form 2 accompanied by two copies of the complete patent
- Two sets of the drawing figures, if any, one set of which
should be in thick A-4 size white sheets;
- Duly stamped power of attorney in Form 26 authorizing the
- Declaration of the inventorship signed by the applicant
in Form 5;
- Priority documents, if any, if not in English, English
- The Statement and Undertaking regarding corresponding
foreign filings in Form 3; and
- Proof for the applicants right to apply for patent.
To obtain a lodgment date, what is required is:
- The Specification;
- Name and address of the applicant;
- Name(s) and addresse(s) of the Inventor(s); and
- The priority details.
Form 1 must be signed by the
inventors. However it could be signed by the agent at the time of
lodgment and it can be substituted with a duly signed one within 3
months from the date of lodgment or at any time before acceptance of
the complete specification. To claim priority from corresponding
foreign filings, certified copies of the priority document must be
filed. Upon filing a Patent Application, the Patent office issues an
official filing receipt, which contains the Indian Patent
Application Number assigned to the application.
The Applicant for a Patent can
be either the true and first inventor or the assignee or legal
representative of the true and the first inventor.
The Patents Amendment Act, 2002
brought into force Sections 11A and 11B concerning publication of
applications. All patent applications will be published in the
official gazette on the expiry of 18 months from the date of filing
or the date of priority whichever is earlier. Applications wherein a
secrecy direction is given under section 35 shall not be published.
Any person can file a
representation by way of opposition against the grant of patent,
once the application is published. The representation shall be
considered by the Controller only when a request for examination of
the application has been filed.
The Patent Office will examine
an application only if the applicant files a request for
examination. The request for examination must be filed after the
publication of the application but within 36 months from the date of
priority or date of filing, whichever is earlier. The request can be
filed by any interested person. Once the request is filed, the
Patent Office will issue the First Examination Report. The Applicant
must respond to the objections (if any) raised by the Examiner
within the prescribed time lines. All procedural compliances must be
met within 3 months from the date of receipt of the First
Examination Report, or as may be prescribed. The remaining
substantive objections raised by the Examiner must be removed and
the application must be re-filed to put the application in order for
grant within 6 months from the date of the First Examination Report.
An extension of time upto 3 months is available. However, this
extension can be availed only before the expiry of said 6 months
period and in circumstances beyond the control of the applicant.
Once the applicant complies with
all the requirements under the Patents Act and the Patents Rules,
the Patent Office will issue a notice regarding Intimation of Grant.
Thereafter, the Letters Patent shall be issued to the applicant.
The granted application shall
remain open for objection by interested parties for 12 months from
the date of publication of the patent in the Patent Office Journal.
A renewal fee is to be paid at
the expiration of two years from the date of Patent and before the
expiration of all succeeding years. A patent becomes ineffective if
the renewal fee is not paid in time.