Form 9 – Request for Early Publication

Form 9 – Request for Early Publication

Table of Contents

Introduction

Form 9, titled “Request for Early Publication”, is a significant document in the Indian patent application process. It is prescribed under Section 11A(2) and Rule 24A of the Indian Patents Act, 1970. This form allows an applicant to request the early publication of their patent application before the standard 18-month period.

Purpose of Form 9

The primary purpose of Form 9 is to expedite the publication of a patent application, which can be beneficial for applicants seeking early patent rights enforcement, licensing opportunities, or faster prosecution.

Key Components of Form 9

Form 9 consists of the following crucial sections:

  1. Patent Application Details:
    • Application number (if available) and filing date.
    • Title of the invention.
  2. Applicant’s Details:
    • Name, address, and nationality of the applicant.
    • If filed through a patent agent, Form 26 (Power of Attorney) must be attached.
  3. Request for Early Publication:
    • A formal request for the early publication of the patent application before the usual 18-month waiting period.
  4. Signature and Authorization:
    • The form must be signed by the applicant or an authorized agent.

Standard vs. Early Publication

  • Standard Publication: Under normal circumstances, a patent application is published 18 months from the filing date or priority date (whichever is earlier).
  • Early Publication: By filing Form 9, the applicant can request publication within 1 month from the date of the request.

Filing Procedure

Form 9 can be submitted online via the Indian Patent Office e-Filing system or physically at designated patent offices.

Steps for Filing Form 9:

  1. Ensure Patent Application Completeness:
    • Ensure that the complete specification (Form 2) has been filed.
  2. Complete and Submit Form 9:
    • Accurately fill in the required details and submit the form along with the prescribed fee.
  3. Monitor Publication Timeline:
    • If accepted, the application will be published within one month from the date of request.

Benefits of Early Publication

  • Accelerates the patent examination process (Form 18 can only be filed after publication).
  • Establishes the applicant’s rights earlier.
  • Encourages potential investors and licensees to take interest in the invention sooner.
  • Deters potential infringers by making the invention public.

Important Considerations

  • Once a patent application is published, provisional rights under Section 11A(7) come into effect.
  • Early publication does not guarantee early examination; a separate Form 18 (Request for Examination) must be filed.
  • The request for early publication cannot be withdrawn once the application is published.

Conclusion

Form 9 is a strategic tool for applicants who wish to expedite the publication of their patent applications. It provides significant advantages in terms of legal protection and commercial opportunities.

For a direct link to Form 9, visit: Form 9 – Request for Early Publication

https://ipindia.gov.in/writereaddata/Portal/IPOFormUpload/1_21_1/form-9.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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