4. Documents required for patent filing in india

4. Documents required for patent filing in India

Table of Contents

The Purpose of this article is to help you understand:

  • the list of documents required for filing patent application in India
  • the templates and links of all documents
  • do I really need a patent agent or patent attorney ? or can I do it yourself ?
  • drafting form 2 that is complete (or provisional) specification and its importance
  • what can go wrong when writing and filing patent on your own
  • benefits of hiring patent agent or attorney

The list of documents required for patent filing in India :

  • Application form in duplicate (Form 1).
  • The provisional or complete specification in duplicate. If the provisional specification is filed, it must be followed by the complete specification within 12 months. (Form 2).
  • Drawing in duplicate (if necessary).
  • Abstract of the invention in duplicate.
  • Information & undertaking listing the number, filing date & current status of each foreign patent application in duplicate (Form 3).
  • Priority document (if the priority date is claimed) in convention application, when directed by the Controller
  • Declaration of inventor-ship where the provisional specification is followed by complete specification or in case of convention/PCT national phase application (Form 5).
  • Power of attorney (if filed through Patent Agent).
  • Fees (to be paid in cash/by cheque/by demand draft)

Video : What information is needed to file a patent – creating “invention disclosure”

What is exact information need to file patent in India ? if you need help with deciding the kind of information or data you need to be ready with before applying for patent, check our Guideline on What information is needed to file a patent: creating “invention disclosure”

Form 1: Application for Grant of Patent

The application for grant of patent in India as Form 1 in the link here  contains

  • name and address of the inventor(s),
  • name and address of the applicant(s),
  • Information corresponding to prior patent applications relating to the current invention, which you or any authorised entity has filed, and
  • some declarations, among other information.

 Form 2: Provisional / Complete Specification

The provisional or complete specification Form 2 link here 

Form 2 is used to furnish your patent specification. It may be provisional or a complete patent specification depending on the type of patent application you are filing.

 Form 3: Statement and Undertaking under Section 8

Statement and undertaking related to foreign filing  Form 3 link here 

Form 3 is used to furnish information relating to patent applications filed in other countries for the current invention. You would undertake that you will be keeping the patent office informed in writing the details regarding corresponding applications for patents filed outside India.

 Form 5: Declaration as to Inventor-ship

Form 5: This application is used to declare the inventors of the current patent application.

 Form 26: Power of attorney (if filed through Patent Agent)

Form 26 is used to assign the power of attorney to the patent agent to deal with the patent application, correspondence and communication on your behalf.

If I know all the documents Can I file patent on my own without patent agent or attorney ?

It is natural to think that, I know all the forms required for patent filing now, I am the creator and inventor, I know about my invention inside out then why do I need patent agent or patent attorney for just putting information in to forms and submitting it? can I file patent on my own ? without patent professional ?

Video below may answer these questions

and for detailed answer you can check the complete article number 8 for Do I really need patent attorney or patent agent to register patent in India?

Form 2 : drafting patent application

Writing a patent application (writing form 2 document) requires fair understanding and experience in

  • Patent law and patent office rules and regulations
  • Case laws affecting the interpretation of patent law
  • Technical skills of the subject matter of the invention

Drafting a patent application that is form 2 is a specialised job and requires both technical (field of the invention) and legal (Indian patent act) understanding.

As you may have heard, a patent is a techno-legal document. Many inventors trying to write a patent application on their own writes it from a completely technical perspective. Writing a patent application as a technical document without considering the legal aspects may be a mistake that can make your application not properly covering the scope of the protection. And all the efforts you took for research and development can go waste.

Hence, the right patent professional (patent agent) with appropriate experience can remarkably add value to patent application. The patent agent provides maximum possible protection for your invention since the drafting of the patent is done from a technical as well as legal perspective.

Following things will be considered by patent agent while drafting patent:

  • The claims are written in such a way that they provide maximum protection
  • All possible embodiment and variants are covered
  • Each claim is supported by a detailed description in the specification
  • Use of specific words in description and claims that has a specific meaning in patent law

Use of specific language while drafting a patent application is required

Inventors who are not experienced in patent law can make some mistakes in drafting patent specifications and may face rejection for failing to comply with the requirements set by patent law. In this case, all efforts by inventors in research and development may go to waste. You can read our section on the cost of getting a patent in India by hiring a patent agent or patent attorney.

Writing a good patent application involves so much more than a first-timer can accommodate into his / her writing, even trained patent professionals require at least 3 to 5 years of experience to be able to write reasonably good it in the application. Hence it is worth giving a second thought to it if you have decided to do it yourself.

There are rules about so many things while writing the patent application:

  • Rules about writing title
  • rules for writing abstract
  • how claims should be written
  • how detailed description is to be written
  • rules for drawings
  • rules for numbering the drawings
  • rules for pages

it is very likely that the first-time inventor or do-it-yourself writer of patent application would be making some obvious mistakes that could prove costly in the longer term, and if your invention is worth patenting it probably is worth having a patent agent or attorney.to check what are most common mistakes when you are filing patent application on your own (without help from patent agent or attorney) you may read the complete article number 8 for Do I really need patent attorney or patent agent to register patent in India?

Advantages of hiring patent agent or attorney

Advantages of hiring a patent agent or attorney

  • Patent agent and attorney would know how to write patent application and claims to have the broadest possible protection for your invention such that your competitors should not be able to copy your invention or just walk around your invention by changing some things and not infringing on your patent.
  • Writing a patent application itself has extensive laws, rules, and procedures applicable, and a number of things to consider, you would be surprised to know, there are rules related to margins of the page, rules for writing the title, abstract, claims, diagrams, detailed description, enabling etc…
  • The entire process of inception of idea to granted patent and beyond becomes a smooth experience for you when you have experienced patent agent/attorney guiding you at every stage… you don’t need to worry what kind of forms to use or fees to be paid, what kind of notice is there or what do you mean by objections raised, how to respond to objections etc…

all these kind of things are already taken care by patent agent or attorney and not to forget the importance of dates and subsequent steps you should be considering for entire procedure. so patent attorney takes care of reminding you for every important date, deadlines and appropriate steps to be taken with right information.

So, these 3 things make this investment in going for a patent agent or attorney look pretty small if you are considering in the longer term that is the life of your invention and if at all you win the patent get 20 years from the filing date that you are going to enjoy a monopoly on it.

Ultimately, it all depends on level of seriousness that you have with your invention if you are casual you can just try it out just submit whatever you think is appropriate and let see what happens with the response from patent office but if you are serious with your invention and don’t want to lose its entire Novelty or don’t want to lose upon the opportunity to take it to the next level then you should consider hiring a patent agent or attorney. It is well worth the investment.

  • Covering letter- indicating the list of documents;
  • Application for Grant of Patent in Form 1 [section 7, 54 & 135 and Rule 20(1)] in duplicate; Form 01
  • Complete/Provisional specification in Form 2 in duplicate [Section 10; Rule 13] Form 02
  • Statement and Undertaking in Form 3 [Section 8; Rule12]; Form 03
  • Power of Attorney in Form 26 (in original) (Rule 3.3 (a) (ii)); (if filed through attorney) Form 26
  • Declaration of Inventor-ship in Form 5 (only in case of an Indian Application; (Rule 4.17); Form 05
  • Request for examination: Form 18 Form 18
  • Requisite Statutory fees ( cheque / DD)
  • Request for publication. This is optional (form 9) if the express publication is required Form 09
  • Form 28 only required to be submitted by a small entity / start up

Where can I file patent in India

The patent application is filed electronically using Form-1 and provisional/ complete specification, with the prescribed fee at the appropriate patent office.

The jurisdiction of a patent office is decided based on the following:

  • Place of residence, domicile, or business of the applicant (first mentioned applicant in the case of joint applicants).
  • The place from where the invention originated.

Address for service in India given by the applicant, when the applicant has no business or domicile place in India (Foreign applicants).

Mumbai Patent Office Jurisdiction
The States of Gujarat, Maharashtra, Madhya Pradesh, Goa, Chhattisgarh, the Union Territories of Daman & Diu, and Dadra & Nagar Haveli fall under the Mumbai Patent Office jurisdiction.

Delhi Patent Office Jurisdiction
The States of Haryana, Himachal Pradesh, Jammu and Kashmir, Punjab, Rajasthan, Uttar Pradesh, Uttarakhand, National Capital Territory of Delhi, and the Union Territory of Chandigarh fall under the Delhi Patent Office jurisdiction.

Chennai Patent Office Jurisdiction
The States of Andhra Pradesh, Karnataka, Kerala, Tamil Nadu, and the Union Territories of Pondicherry and Lakshadweep fall under the Chennai Patent Office jurisdiction.

Kolkata Patent Office Jurisdiction

The rest of India, the States of Bihar, Orissa, West Bengal, Sikkim, Assam, Meghalaya, Manipur, Tripura, Nagaland, Arunachal Pradesh, and Union Territory of Andaman and Nicobar Islands fall under the Kolkata Patent Office jurisdiction.

There are two ways the filing of the patent is done either by the inventor himself or by his patent agent or patent attorney.

Online patent application filing system:

The facility to file patent applications online is started from 20th July 2007 in India. The best way to know more about this online filing system is to check this website www.ipindia.nic.in

Physical locations of patent offices in India

There are 4 patent offices in India at locations Chennai, Mumbai, Delhi and Kolkata. Based on the address of the applicant, he can file an application for a patent in the corresponding patent office for his region.

  1. Chennai patent office address: Intellectual Property Office, Intellectual Property Office Building, G.S.T. Road, Guindy, Chennai-600032, Phone: 044 22502081-84 Fax: 044 22502066, Email: chennai-patent@nic.in Regions covered: The States of Andhra Pradesh, Karnataka, Kerala, Tamil Nadu and the Union Territories of Pondicherry and Lakshadweep.
  2. Delhi patent office address: Intellectual Property Office, Intellectual Property Office Building, Plot No. 32, Sector 14, Dwarka, New Delhi-110075, Phone: 011 28034304, 28034305 28034306 Fax: 011 28034301/02 Email: delhi-patent@nic.in Regions covered: The States of Haryana, Himachal Pradesh, Jammu and Kashmir, Punjab, Rajasthan, Uttar Pradesh, Uttaranchal, Delhi and the Union Territory of Chandigarh.
  3. Mumbai Patent office address: Intellectual Property Office, Boudhik Sampada Bhawan, Near Antop Hill Post Office, S.M.Road,Antop Hill, MumbaiI – 400 037.Phone: 022 24137701, 24141026, 24150381, 24148165, 24171457 Fax: 022 24130387 EMAIL: mumbai-patent@nic.in Regions covered: The States of Maharashtra, Gujarat, MadhyaPradesh, Goa and Chhattisgarh; and the Union Territories of Daman and Diu, and Dadra and Nagar Haveli
  4. Kolkata patent office address: Intellectual Property Office, Intellectual Property Office Building, CP-2 Sector V, Salt Lake City, Kolkata-700091, Phone : 23671945, 1946, 1987, FAX-033-2367-1988, Email:- kolkata-patent@nic.in Regions covered: The rest of India.

to file your patent application for your invention you can contact us here.

Note: The most preferred way of filing a patent application is online via the patent office website as it is much quicker to file a patent by this route (it will help in securing priority date as early as possible) and more over it has lower fess if you apply for patent online rather than offline or physical filing method.

If you are at very early stage of the invention and have not developed it yet:  

The provisional patent application is used when the inventor is not completely ready with the invention and it provides about 12 months of time to complete the work on the invention. however, you can secure your idea with the Indian Patent Office, as you get a receipt from the government (patent office) with the application number, the title of the invention, and date of filing. in this way you secure your idea and keep working on it without any limitation. to know more about how you can protect your invention even when you are not completely ready with it read this expert article on considering filing a provisional patent in India.

You may also read our guideline on the time required for grant of patent in India

Conclusion :

  • Writing a good patent application is a specialised skill and requires years of training and practice in patent law, case laws and understanding of technology.
  • A good patent application (form 2) should not only service examination stage but also should help you in commercialisation stage (that is making money with patent)
  • ultimately it depends on your seriousness about your invention while deciding whether to go for patent agent or attorney or doing it on your own.
  • a good innovative idea can be a starting point of an invention which can be protected by patent and converted in to profits and financial gains

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Prasad Karhad
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