Form 5 – Declaration as to Inventorship

Form 5 – Declaration as to Inventorship

Table of Contents

Introduction

Form 5, titled “Declaration as to Inventorship”, is an essential document in the Indian patent application process. It is prescribed under Section 10(6) and Rule 13(6) of the Indian Patents Act, 1970. This form is used to declare the true and first inventor(s) of the patent application and is mandatory for complete specification filings.

Purpose of Form 5

The purpose of Form 5 is to establish the rightful inventors of the invention for which a patent application is being filed. It is particularly important in scenarios involving multiple inventors, ensuring that credit is given to the correct individuals.

Key Components of Form 5

Form 5 consists of several important sections that must be accurately completed:

  1. Title of the Invention:
    • Clearly states the title of the invention as mentioned in the patent application.
  2. Applicant’s Details:
    • Name of the applicant(s), which may be an individual, start-up, small entity, or organization.
  3. Inventor’s Details:
    • Name and address of the true and first inventor(s).
    • If the applicant and inventor are the same, this must be explicitly declared.
  4. Patent Application Details:
    • Reference to the associated patent application number (if assigned) and filing date.
  5. Declaration:
    • A formal declaration by the applicant stating that the person(s) mentioned in the form is/are the true and first inventor(s) of the invention.
  6. Signature and Authorization:
    • The applicant or authorized patent agent must sign the form.
    • If filed through a patent agent, Form 26 (Power of Attorney) must be attached.

When is Form 5 Required?

  • Form 5 is mandatory when filing a complete specification (whether it is filed directly or after a provisional application).
  • It is not required at the provisional application stage but must be submitted before the patent is granted.

Filing Procedure

Form 5 can be filed online through the Indian Patent Office e-Filing system or physically at one of the designated patent offices in India (Delhi, Mumbai, Chennai, or Kolkata).

Steps for Filing Form 5:

  1. Ensure All Inventors Are Correctly Identified:
    • Review the invention disclosure and confirm the list of true and first inventors.
  2. Complete Form 5 Accurately:
    • Fill in all details correctly to avoid discrepancies.
  3. Submit Along with Complete Specification:
    • If not filed at the time of the complete specification, it must be submitted before the patent is granted.

Importance of Form 5 in the Patent Process

  • Ensures proper attribution of inventorship.
  • Helps prevent disputes related to ownership and rights.
  • Aids in maintaining transparency in the patent application process.

Consequences of Non-Compliance

Failure to submit Form 5 may lead to:

  • Objections during the examination phase.
  • Delays in the grant of the patent.
  • Legal complications, including the potential revocation of the patent under Section 64 of the Patents Act, 1970.

Conclusion

Form 5 is a vital document in the Indian patent application process as it formally identifies the rightful inventors. Ensuring its timely and accurate submission is crucial to avoid legal and procedural complications.

For a direct link to Form 5, visit: Form 5 – Declaration as to Inventorship

https://ipindia.gov.in/writereaddata/Portal/IPOFormUpload/1_16_1/form-5.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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