Documents required for filing Patent in India

The origin of the word ‘patent’ can be traced from the Latin word ‘patere’, which means ‘to open'; if a natural person or an artificial entity believes that it has made an invention with novelty and utility. In that case, it may ask the Government by filing an application in the Patent Office to grant a document that states what the invention is and that such person is the owner of the patent. This document issued by the government authority is called a patent or a patent for invention. Patent filing in India is regulated and governed by the Patents Act, 1970.

How to apply for a Patent in India?

Patent filing in India starts by submission of application in Form 1 in the patent office having jurisdiction. Along with the application, a complete/provisional specification has to be filed using Form 2. However, in the case of convention application, the only complete specification can be filed. Then the process moves onto an examination of application then advertisement of acceptance of complete specification. If there is any opposition to the grant of a patent to the applicant, then parties are heard. Finally, if the decision favors the applicant, the patent granted is sealed with the patent office seal.

Who can file a Patent in India?

Section 6 of the Patents Act, 1970 (“the Act”) stipulates persons entitled to apply for a patent. It states that any of the following persons can file an application for the grant of a patent:

i) True and first inventor

ii) Assignee of the inventor, or

iii) Legal representative (in case of a deceased inventor)

Any person mentioned above can file a patent either alone or jointly with any other person.

What are the documents and information required for filing a Patent in India?

1. Application for grant of a Patent: FORM 1

An application for filing a patent in India has to be filed in Form 1 at the Patent Office having jurisdiction. It is important to note that every application for a patent shall be for one invention only and shall be made in the aforementioned prescribed form available in the Patent Office and filed in the Patent Office.

Along with the application for grant of a patent, the following documents are required for patent filing in India:

2. Patent Specification Document: FORM 2

Section 10 of the Act gives a list of the contents of the complete specification as follows:

• Title of the invention (should relate to the subject matter of the invention)
• A full and particular description of the invention
• A complete description of the operation or usage of the invention
• Full disclosure of the best method of performing/using the invention best known to the applicant
• Claim to define the scope of the invention (this is important to define and limit with precision what is claimed to have been invented for patent protection)
• The Controller may require drawings to be submitted, which shall form part of the specification.
• Declaration of the inventorship with Form 5

The applicant has the liberty to file a provisional specification instead of a complete specification with Form 2 if the invention is still in the maturing stage. However, a complete specification has to be filed within twelve months from the date of filing of the application. Otherwise, the application shall be deemed to have been abandoned. An extension of three months is allowed if the Controller accepts such a request.

In case of convention application, where the applicant is a foreign national of a convention country, that is, a country offering the reciprocal right to an Indian citizen to apply for a patent in that country, the patent application is to be accompanied by the complete specification and not provisional specification.

3. Particulars of the Applicant:
The applicant or if the inventor is not the applicant, then in such cases, the inventor and the applicant will be required to submit the following particulars along with the application:

• Name
• Address
• Nationality

For address proof, the following documents are required:

• Utility Bill
• Passport
• Driving Licence

In case the applicant is a company, then the address proof of the company is required. The applicant(s)/ inventor(s) may be added/ amended subsequently by filing a request.

Following documents will be accepted as nationality proof:

• Voter Id (Indian national)
• Aadhar Card (Indian national)
• Passport

4. Power of Attorney (POA):
In case the application is filed by an agent or patent attorney, the authorization document shall be filed by that agent or patent attorney within three months from the date of application. A request for extension before the expiry of the time limit may be made to obtain the extension, or an extension could also be obtained by filing a petition after the expiry of the time limit.

5. Board Resolution:
In case the patent application is filed by an artificial legal person such as a partnership firm, company, LLP, etc., a board resolution has to be submitted along with the following documents:
 
6. Inventor's particulars:
If a company is an applicant, they need to provide the nationality and address proof of the inventor.

7. Start-up and MSME Certificate:
The Indian Government launched the Startup India Action Plan to increase intellectual property awareness. Under this plan, startups receive an 80% rebate in the patent filing fee. Moreover, small entities are also provided a fee concession compared to other artificial entities(companies).

Following documents are required to avail of the benefits mentioned above:
MSME certificate
Startup Certificate provided by DIPP

Documents required for NRIs and Foreigners:
 
With the patent application following documents need to be furnished:

• Authorization Document (POA)
• Nationality Proof
• Country of residence
• Address Proof
• Indian address for service of communication

Convention Application:

Convention application is treated as an ordinary patent application as per the procedure followed by the Indian Patent Office. For filing convention application, additional documents required are as follows:

• Particulars of the applicant(s)/ inventor(s)
• Details of the Priority patent application, including the application number, date of filing and jurisdiction of the country.
• Verified English translation of the Priority application (within three months of priority dates)

Patent Cooperation Treaty (PCT) National Phase Application:

As per PCT, when an international application is filed designating India as the applicant country, the applicant is required to file a national phase application within 31 months along with the following documents:

• Particulars of the applicant(s)/ inventor(s)
• The filing date of the application along with International Application Number
• Declaration of Inventorship as per Form - 5
• Address for service in India
• Verified English translation of the PCT application within 31 months of priority date
• An undertaking stating the applicant will keep the Controller informed in writing of the details and developments in any patent application filed outside India if a foreign application is filed as per Form-3

Forms required for a Patent Filing in India: