Form 1 – Application for Grant of Patent in India

Form 1 – Application for Grant of Patent in India

Table of Contents

Introduction

Form 1, officially titled “Application for Grant of Patent”, is the foundational document required to initiate the patent application process in India. This form is prescribed under Section 7(1), 7(3), and Rule 20(1) of the Indian Patents Act, 1970. It serves as the primary request form through which an applicant expresses their intent to obtain a patent for their invention.

Purpose of Form 1

The purpose of Form 1 is to collect essential details about the applicant, inventors, and the invention itself. It acts as the formal request for patent protection and establishes the filing date, which is crucial for determining priority in cases of competing applications.

Key Components of Form 1

Form 1 consists of multiple sections that require detailed information:

  1. Type of Application:
    • Ordinary application
    • Convention application
    • PCT national phase application
    • Divisional application
    • Patent of addition
  2. Applicant’s Details:
    • Name
    • Address
    • Nationality
    • Category (individual, start-up, small entity, or others)
  3. Inventor(s) Details:
    • Name and address of the inventor(s)
    • Declaration stating whether the applicant and inventor are the same entity
  4. Title of the Invention:
    • A concise title describing the nature of the invention
  5. Details of Prior Applications (if applicable):
    • Reference to any previously filed patent application, especially in case of convention applications or PCT national phase applications
  6. Declaration by the Applicant:
    • A declaration that the applicant is the true and first inventor or the assignee of the inventor
    • A declaration regarding foreign filing status under Section 8 of the Patents Act
  7. Signature and Authorization:
    • Signature of the applicant or authorized agent
    • Details of the patent agent, if applicable
  8. Fees Payment Details:
    • The fee structure varies depending on the applicant type (individual/start-up, small entity, or large entity)

Filing Procedure

Form 1 can be filed electronically through the Comprehensive e-Filing System of the Indian Patent Office (IPO) or physically at any designated patent office in India (Kolkata, Delhi, Mumbai, or Chennai).

Steps to File Form 1:

  1. Prepare the Required Documents: Attach Form 2 (Specification), Form 3 (Statement and Undertaking), Form 5 (Declaration of Inventorship), and Form 26 (if filed through a patent agent).
  2. Pay the Prescribed Fees: The fees depend on the type of applicant and whether the filing is online or offline.
  3. Receive the Filing Acknowledgment: Upon submission, a filing receipt with an application number is provided, marking the official filing date.

Importance of Form 1 in the Patent Process

  • Establishes the priority date, which is essential for claiming novelty.
  • Defines the legal ownership of the invention.
  • Acts as a prerequisite for subsequent examination and grant of the patent.

Conclusion

Form 1 is the cornerstone of the patent application process in India. It must be filled carefully to avoid discrepancies that could lead to application rejection or delays. Applicants should ensure all declarations, signatures, and required details are accurate to maintain compliance with the Indian Patents Act, 1970.

For a direct link to Form 1, visit: Form 1 – Application for Grant of Patent

for more details about the costs required at each stage you may read article on Cost of patent registration in India

Video : Steps from idea or invention to granted patent in India along with time and costs

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Prasad Karhad
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