Form 3 – Statement and Undertaking Under Section 8

Form 3 – Statement and Undertaking Under Section 8

Table of Contents

Introduction

Form 3, titled “Statement and Undertaking Under Section 8”, is a crucial document in the Indian patent application process. It is prescribed under Section 8(1) and Rule 12(1) of the Indian Patents Act, 1970. The primary objective of this form is to ensure transparency regarding foreign patent filings related to the same invention and to allow the Indian Patent Office to assess the global status of the patent.

Purpose of Form 3

The purpose of Form 3 is twofold:

  1. Statement – The applicant must disclose whether they have filed any patent applications for the same or substantially the same invention in any other country.
  2. Undertaking – The applicant commits to keeping the Controller of Patents informed of any updates or developments regarding corresponding foreign applications.

Key Components of Form 3

Form 3 comprises the following important sections:

  1. Details of the Indian Patent Application:
    • Application number and filing date (if already assigned)
    • Title of the invention
  2. Details of Foreign Applications:
    • List of all patent applications filed in foreign countries for the same or substantially the same invention.
    • Includes details such as:
      • Country name
      • Application number
      • Filing date
      • Status (pending, granted, refused, abandoned, withdrawn, etc.)
  3. Undertaking by the Applicant:
    • The applicant undertakes to inform the Indian Patent Office from time to time about:
      • Any new foreign applications filed for the same invention.
      • Any updates in the status of previously reported foreign applications (such as grants, refusals, or withdrawals).
    • This undertaking must be complied with throughout the prosecution of the Indian patent application.
  4. Signature and Declaration:
    • The applicant or their authorized agent must sign the form.
    • If filed through a patent agent, Form 26 (Power of Attorney) must be submitted.

Filing Procedure

Form 3 must be submitted at the time of filing the patent application or within six months from the filing date. Additionally, it must be updated as and when there are changes in the foreign filing status.

Steps for Filing Form 3:

  1. Gather Foreign Filing Information:
    • Identify all foreign jurisdictions where applications for the same invention have been filed.
    • Keep track of application numbers and their status.
  2. Complete and Submit Form 3:
    • Fill out the details as required.
    • Submit electronically via the Indian Patent Office’s e-Filing system or physically at the respective patent office.
  3. Regularly Update the IPO:
    • Any changes in foreign filing status must be updated as soon as possible by submitting a revised Form 3.

Importance of Form 3 in the Patent Process

  • Ensures transparency in the patent system.
  • Helps the Indian Patent Office assess novelty and patentability in light of foreign filings.
  • A failure to disclose foreign applications may lead to objections, delays, or even refusal of the Indian patent application.

Consequences of Non-Compliance

Non-compliance with the requirements of Section 8 (i.e., failure to provide details or update information on time) can lead to serious legal consequences, including:

  • Objections or rejection during examination.
  • Potential revocation of the granted patent under Section 64(1)(m) of the Patents Act, 1970.

Conclusion

Form 3 plays a vital role in maintaining the integrity of the Indian patent system by ensuring complete disclosure of foreign applications. It is the applicant’s responsibility to timely file and update Form 3 to avoid complications during the examination and grant process.

For a direct link to Form 3, visit: Form 3 – Statement and Undertaking Under Section 8

https://ipindia.gov.in/writereaddata/Portal/IPOFormUpload/1_14_1/form-3.pdf

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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