Patent Registration

First Step for Patent Registration in India: Filing of Patent Application in Patent Registration Office, India:

Applying for the registration of Patent is the first step to start the process of Patent Registration in India. The question then arises is, who are eligible for filing Patent Application in India for Patent Registration? To answer this question, the Patent Act says that Patent application for the invention may be made by “True & First inventor of the Invention” “Assignee of the person claiming to be the true & first inventor” “legal representative of any deceased person who immediately before his death was entitled to make Patent application” for the Patent Registration. Therefore, only defined Applicant is eligible for filing of Patent Application for Patent Registration in India. For Patent Registration in India, Indian Patent Office accepts the prescribed Forms and documents along with the Official fees as given under the First Schedule of Patents Rule.

Below is the prescribed Forms and documents which need to be filed in the designated Patent Office along with the Official Fees for the Patent Registration :

The following forms are to be submitted in the Patent Registration office to complete the Patent Registration process:

Form-1 (Application for grant of a Patent) : It includes the details of the Inventor(s), Applicant(s), type of Patent Application is filed, title of the invention, certain declaration from the Applicant and signatures of the Inventor(s), Applicant(s) and authorized Person.

Form-2 (Provisional/Complete Specification) : It includes the information for the type of Application, the title of the invention, description, claims, abstract of the invention.

Form-3 (Statement and Undertaking) : It includes a statement and undertaking on behalf of the inventor for updating the Controller for any foreign filing Application filed for Patent Registration.

Form-5 (Declaration as to Inventorship) : A declaration as to Inventorship must be filed in the Patent Registration Office of India.

Form-26 (form for authorization of a Patent Agent/or any person in a matter or proceeding under the Act) : In the case where Patent Application for Patent Registration in India is filed by Patent Agent or Patent Attorney whose services are taken by the inventor(s), a form for authorization must be submitted in the Patent Registration Office.

Further, in the case where Patent Application for Registration in India is based on the previous Patent Application filed abroad under the Convention Patent Application (as under the Paris Convention) or PCT route, a Priority document must be filed along with the application to the Patent Registration Office along with other required documents.
In the case where the previous Patent Application is in a language other than Hindi or English, a Verified Translation of the same also needs to be submitted to the Indian Patent Registration Office.

Form-28 (To be submitted by a small entity/start-up) : In order to take benefit under the category of small entity/start-up, proof or evidence needs to be submitted.

At last, all the documents, Forms or Drawings must be signed by the authorized person or the inventor.