Patent Filling In India
An application for patent can be filled by any of the persons listed below:
- Inventor
- Assignee
- Legal Representative.
Following types of Application can be filled
- Original Application
- Convention Application
- PCT Application
- Divisional Application
- Application for addition
Patents can be filled in the Patent Office depending upon the location of business or inventor (situated in Kolkata, Delhi, Mumbai and Chennai) or can be filled online (10% additional fee is charged if application is filled online). A set of forms need to be submitted for applying for the patent.
Filling Patent in Patent Office:
- The application should contain following:
- Covering letter A letter indicating the list of documents.
- Form 1: Application for the grant of Patent in India. This form contains correspondence details like name and address of the inventor or the applicant.
- Form 2: Specification (Complete or Provisional). This form gives detail related to description of the patent, Claims, drawings and abstract. If the inventor is filling provisional application then it should contain a preamble on the first page of form – “The following specification describes the invention”. On the other hand if the applicant is filling complete specification then the preamble should be – “The following specification particularly describes the invention and the manner in which it is to be performed.”
- Form 3: Statement of undertaking. This form is used to provide information related to the application filled in other countries.
- Form 5: declaration of ownership This form is applicable when inventor and applicant are different.
- From 9: Request for publication This form is not compulsory. But if the applicant fills this form then his application would be published within one month of filling otherwise it is published within 18 months.
- Form 18: Request for examination This form can be filled within 48 months from the date of filling first application. But if this form is submitted along with the application then the application will be examined earlier. The patent office does not examine the application until this form is not filled.
- From 26: Power of attorney This for form is required if the applicant wants to authorize another person or agent to carry out the proceedings.
- Form 28 : Declaration of Small Entity If the applicant is running a small business (whose investment is up to 10 crores or providing services that comes under micro services or his business can be classified under SME ) needs to fill this form. The fee for small entity is different from normal fee.
- Required legal fees in the form of cheque or DD).
On line filing procedure/ E-filling procedure
The patent application can be formed online as well-
Before filling the application, the applicant should have following things with him
- Login ID and Password
- Valid Digital signature
- Debit or Credit card or net banking facility, for fee payment
Form 1 is generated by the portal and then filled by the applicant.
Form 2,3, 26 n 28 are submitted in pdf format. Supporting documents for these forms are submitted to the Patent Office later.
Forms 9 & 18 can be submitted any time after filling.
The legal fee is paid via prescribed payment gateway.
