The below article discusses the documents required and procedure for filing a patent in India.
As India is slowly moving towards becoming an innovation hub of Asia, the patent filing has suddenly gained momentum. Indian government’s initiatives to encourage innovators and start-ups are also playing a pivotal role which is eventually leading to increased interest in patent filing in India.
Innovators and Start-ups are keen to get their innovations patented in order to safeguard them from infringements and potential market competitors, and further enjoy monopolistic and exclusive business gains. It has led to increase in awareness about patent filing. In this post, we have mentioned about the documents required for patent filing.
Who can file a Patent Application?
The application can be filed either alone or jointly:
*By any person claiming to be true and first inventor(s)
*By any person being the assignees of person claiming to be true and first inventor(s)[proof of assignment has to be submitted with the application]
* By the legal representative of any deceased person or assignee
Where to file a Patent Application?
1. Physical filing: at the counter of the jurisdictional patent office. The Patent application can be submitted at the appropriate Patent Office under whose jurisdiction he normally resides or has his domicile or has a place of business or the place from where the invention actually originated. For the applicant, who is non-resident or has no domicile or has no place of business in India, the address for service in India or place of business of his patent agent determines the appropriate patent office where applications for a patent can be filed.
|Patent Office Branch, Mumbai||The States of Maharashtra, Gujarat, Madhya Pradesh, Goa and Chhattisgarh and the Union Territories of Daman and Diu & Dadra and Nagar Haveli|
|Patent Office Branch, Chennai||The States of Andhra Pradesh, Karnataka, Kerala, Tamil Nadu and the Union Territories of Pondicherry and Lakshadweep, Telangana|
|Patent Office Branch, New Delhi||The States of Haryana, Himachal Pradesh, Jammu and Kashmir, Punjab, Rajasthan, Uttar Pradesh, Uttarakhand, Delhi and the Union Territory of Chandigarh.|
|Patent Office Kolkata||Rest of India|
2. E-filing: this can be done using e-filing portal of the patent office.
Which documents are required for Patent filing in India?
1. Documents required for Physical filing: Physical filing is done at the counter of the respective jurisdictional patent office.
Following documents need to be submitted:
i) Covering letter indicating the list of documents;
ii) Form 1: Application for grant of patent (in duplicate);
iii) Form 2: Provisional/Complete specification (in duplicate);
iv) Form 3: for statement and undertaking (in duplicate);
v) Form 5: Declaration of inventorship (in duplicate)
vi) Form 18: Request for examination (optional)
vii) Form 26: Power of attorney if patent attorney or agent is involved;
viii) Form 28: when the applicant is a small entity or Startup (Evidence relating to small entity status or DIPP certificate for Startup);
ix) Certified true copy of the priority document (In case priority is claimed). Priority document must be filed in the following cases:
Convention application (under Paris convention);
PCT National Phase application wherein requirements of Rule 17.1(a or b) has not been fulfilled
Priority document must be filed along with the application or before the expiry of 18 months from the date of priority to enable early publication of the application.
x) Statutory fee (Cheque/DD)
2. Documents required for E-filing:
+ Login ID and password;
+ Digital signature; and
+ Valid debit/credit/net banking facility
ii) Form 1 is generated through portal with specific information to be entered by the filer;
iii) Form 2: Provisional/Complete Specification (pdf format);
iv) Drawings (pdf format);
v) Abstract figure (jpeg format)
vi) Form 3: Statement and undertaking (pdf format);
vii) Form 5: Declaration of Inventorship (pdf format);
viii) Form 18: Request for examination (optional)
ix) Form 26: Power of attorney (in case patent agent is involved);
x) Form 28: If the applicant is a small entity or Startup. DIPP certificate is required to prove Startup or evidence for small entity status;
xi) Certified true copy of the priority document in original, to be submitted within 6 months of filing the application;
xii) Priority details, if priority claimed; and
xiii) Statutory fee via the payment gateway.
Hard copies of the below documents duly signed by the applicant/agent must be sent to the jurisdictional patent office within 15 days of e-filing.
i) The Authorization of Patent Agent or Power of Attorney
ii) Proof of the right to make an application
iii) Deed of assignment, certificate regarding change in name of the applicant, license agreement
iv) Declaration of inventor-ship v) Priority document
It is therefore highly advisable to engage an experienced patent professional/patent agent considering the deadlines and complications involved in the patent filing process. For more patent filing related queries, please contact Intepat.
Please note that though the above steps give you a gist of “documents required for a patent filing in India“. Further, you may be interested to read the following blog post:
- Filing – Individual Name or Business Name?
- How to file a patent in Indian patent office?
- Online Patent Filing in India
- Patent fees for obtaining a patent in India