The patent filing process in India requires submission of specific forms as prescribed by the Indian Patent Office. Timely and correct submission ensures smooth prosecution of patent applications.

Key Patent Forms and Their Purpose

Form Details & Strategic Considerations

This section provides a brief overview of the strategic importance of each key form.

Form 1: Application for Grant of Patent

Form 1 serves as the primary application document for patent protection in India. This form captures essential details about the applicant, invention, and any priority claims. The Patent Amendment Rules 2024 introduced updates to Form 1, including expanded gender identification options and streamlined data requirements.The form requires comprehensive applicant information, including full name, address, nationality, and entity classification. For corporate applicants, incorporation details and authorized signatory information must be provided. Priority claims from earlier applications require specific documentation, including application numbers, filing dates, and country of origin.

Form 2: Patent Specification Requirements

Form 2 contains the complete technical disclosure of the invention through either a Complete Specification or Provisional Specification. The choice between these options significantly impacts the patent application timeline and strategic considerations.Complete Specifications provide full technical details of the invention, including detailed description, claims, and drawings. This option enables direct progression to examination and typically results in faster patent grants. Provisional Specifications establish priority while allowing twelve months for complete specification filing, providing flexibility for ongoing development.The specification must satisfy disclosure requirements under Section 10 of the Patents Act, enabling a person skilled in the art to reproduce the invention. Technical drawings, where applicable, must accompany the specification and comply with prescribed formatting standards.

Form 3: Statement & Undertaking

The Patent Amendment Rules 2024 significantly simplified Form 3 requirements. Previously requiring periodic six-monthly updates, Form 3 now requires initial filing within six months of the patent application, followed by updates only upon Controller request or within three months of receiving the First Examination Report.Form 3 documents corresponding patent applications filed in other countries for the same or substantially similar inventions. This requirement ensures transparency and prevents conflicts with international patent filings. Updates must include application numbers, filing dates, examination status, and outcomes of corresponding applications.

Form 18 & 18A: Request for Examination

The Patent Amendment Rules 2024 reduced the examination request deadline from 48 months to 31 months from the priority date. This change significantly impacts PCT national phase applications and requires careful timeline management.Form 18 initiates normal examination procedures with standard processing timelines. Applications typically receive First Examination Reports within 12 to 18 months after examination request submission. The examination process addresses patentability criteria including novelty, inventive step, and industrial application.Form 18A provides expedited examination for eligible applicants, including startups, small entities, female applicants, and educational institutions. Expedited examination typically results in First Examination Reports within 6 months and complete processing within 12 to 18 months.Extension of Examination Request Deadline: Under Rule 138, the 31-month deadline for filing Form 18/18A can be extended by up to 6 months by paying additional fees. The extension fee is ₹10,000 per month for individual inventors, startups, small entities, and educational institutions, and ₹50,000 per month for large entities. This provision provides crucial flexibility for applicants who may miss the standard deadline.

Form 5: Declaration by Inventor

Declaration by Inventor Form 5 is required when the patent applicant is not the inventor. This declaration establishes the relationship between the inventor and applicant, confirming the applicant's right to file the patent application. The form must be submitted within six months of the patent application filing date.

Form 9: Request for Early Publication Optional

Form 9 enables early publication of patent applications before the standard 18-month publication period. Early publication costs ₹2,500 for small entities and ₹12,500 for large entities but can significantly accelerate the patent prosecution timeline.

Form 26: Power of Attorney

Form 26 authorizes patent agents or attorneys to represent applicants before the Indian Patent Office. General powers of attorney provide broader representation authority compared to specific powers of attorney limited to particular applications.

Form 27: Statement of Working

Form 27 requires patent holders to disclose working status of granted patents. The Patent Amendment Rules 2024 modified Form 27 requirements from annual filing to once every three financial years. The simplified form no longer requires revenue disclosure but maintains working status and licensing availability requirements.Form 27 must be filed by September 30th covering the preceding three financial years, beginning from the year following patent grant. Non-compliance results in penalties and potential compulsory licensing considerations.

Form 28: Startup/Small Entity/ Education Institute Declaration

Form 28 enables eligible applicants to claim small entity status and receive substantial fee reductions. Startups, small entities, and educational institutions qualify for 75% fee reductions across all patent-related fees. Proper entity classification can result in savings of thousands of rupees throughout the patent prosecution process.