Documents for Patent Registration in India

Documents for Patent Registration in India

 

The Patent Act, 1970 governs the Patent system in India. Patent Registration in India grants absolute rights to an inventor or an assignee for a duration of 14 years. After this, the patent goes to the public domain. A Patent is a territorial right and excludes third parties from infringement, so it can be termed as a negative right. Inventions prescribed under Sec. 3 and 4 of Patents Act, 1970 are non-patentable. While the filing of the patent, remember not to disclose your invention before people. At the time of registration, some list of documents for Patent Registration.

Documents for Patent Registration 

  • (Form 1)Application form in duplicate  – it includes information relating to the name and address of the inventor, name, and address of the applicant and other declarations.
  • (Form 2)– The provisional or complete specification in duplicate. If you are filing the provisional specification, provide the complete specification within 12 months.
  • Drawing in duplicate (if any).  The drawing sheets attached should also contain the signature of an applicant or his agent in the right-hand bottom corner.
  • Abstract of the invention.
  • Claims (if any).
  • Information & undertaking listing the number, filing date & current status of each foreign patent application in duplicate (Form 3).
  • Priority document (on claiming priority date) in convention application, on the direction of the Controller.
  • Declaration of inventorship where the provisional specification is followed by the complete specification or in the case of convention/PCT national phase application (Form 5).
  • Power of attorney (if filed through Patent Agent).
  • Fees (paid by cash/by cheque/by demand draft).
  • All patent applications must bear the signature of the applicant or authorised person or Patent Attorney along with name and date.

Priority documents are necessary in the following cases.

  • Convention Application (under Paris Convention).
  • PCT National Phase Application wherein requirements of Rule 17.1  (a or b) has not been fulfilled.

Note:  To enable early publication of the application, it is mandatory to file the Priority document along with the application or before the expiry of 18 months from the date of priority.


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