Documents Required for Patent Registration in India-Checklists & Documents required for Patent Application in India
Honourable Prime Minister Shri Narendra Modi has recently launched Start-up Stand-up scheme. His vision behind launching this scheme is to promote innovation and research and development in the country. After launch of Startup India Action Plan, everyone is talking about Patent, How to file Patent, and What is the list of documents required for making patent application. In the Startup India Action Plan, eligible startup would receive a 80 percentage rebate in patent filing fee to provide a boost to patent registered by Indian Companies and LLPs. Therefore, in this article, we will look at list of documents required for making Patent Application in India.
You would be knowing that at time of making patent application, you need to file provision specification and you have to file complete specification within 12 months of filing provisional specification. The following are the list of documents required for making Patent Application in India:
- Application for grant of patent in Form-1.
- Applicant has to obtain a proof of right to file the application from the inventor. The Proof of Right is either an endorsement at the end of the Application Form-1 or a separate assignment.
- Provisional Specification if complete specification is not ready in Form-2
- Complete Specification within 12 months of filing provisional specification in Form-2
- Statement and undertaking under Section 8 in Form-3, if applicable. An applicant must file Form 3 either along with the application or within 6 months from the date of application.
- Declaration as to inventor ship shall be filed in Form 5 for Applications accompanying a Complete Specification or a Convention Application or a PCT Application designating India. However, the Controller may allow Form-5 to be filed within one month from the date of filing of application, if a request is made to the Controller in Form-4.
- Power of authority should be filed in Form-26, if filed through a Patent Agent. In case a general power of authority has already been filed in another application, a self-attested copy of the same may be filed by the Agent. In case the original general power of authority has been filed in another jurisdiction, that fact may also be mentioned in the self-attested copy.
- Priority document is required in the following cases:
a. Convention Application (under Paris Convention).
b. PCT National Phase Application wherein requirements of Rule 17.1(a or b) of regulations made under the PCT have not been fulfilled.
The priority document may be filed along with the application or before the expiry of eighteen months from the date of priority, so as to enable publication of the application. In case of a request for early publication, the priority document shall be filed before/along with such request.
9. If the Application pertains to a biological material obtained from India, the applicant is required to submit the permission from the National Biodiversity Authority any time before the grant of the patent. However, it would be sufficient if the permission from the National Biodiversity Authority is submitted before the grant of the patent.
10. The Application form shall also indicate clearly the source of geographical origin of any biological material used in the Specification, wherever applicable.
11. Every application must be signed by the applicant or authorized person / Patent Agent along with name and date in the appropriate space provided in the forms.
12. The Specification shall be signed by the agent/applicant with date on the last page of the Specification. The drawing sheets should bear the signature of an applicant or his agent in the right hand bottom corner.
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