Documents Required for Patent Registration in India : Complete Guide

Documents Required for Patent Registration
Karan Singh
| Updated: Mar 18, 2021 | Category: Patent

In India, due to rapid growth in the awareness of Intellectual Property Rights and Startup India Plan, the filing of a Patent application has become more and more popular. A Patent is an essential part of Intellectual Property Rights (IPR) that solidifies exclusive rights to the Patent’s owner to sue anyone who try to misuse or copy the invention for financial or commercial benefits. It initially states as a legal document that proves a certain invention is under Patent Protection. Patent Protection means that the original invention cannot be sold, copied, or used by any unauthorized person for their commercial purposes. But for this, the applicant needs to file an application for Patent Registration, but before starting the procedure, the applicant needs to arrange all the vital documents required for Patent Registration in India.

It is also crucial for the applicant to meet all the compliances under the Patent Act to acquire Patent Certification in India. In this blog, we discuss the documents required for Patent Registration in India.

What are the Essential Documents Required for Patent Registration in India?

Following is the list of all the vital documents required for Patent Registration in India:

  • Submit a copy of a detailed patent description, and in case it is already provided, it must be followed by the full description within twelve months;
  • Fill and submit an application form regarding the Patent Registration in India;
  • Submit an original copy of Power of Attorney if the patent agent is holding the requisites of Patent Application;
  • Submit any technical drawing of the Patent, if needed;
  • Fees regarding the Patent Registration to be paid through DD (Demand Draft)/Cash/Cheque.
  • Submit a duplicate copy of the document underlining the theoretical brief of an invention along with a piece of significant information;
  • Submit the priority documents as focused by the Controller if the priority date is already claimed in the convention application;
  • Submit a replica copy demonstrating the information regarding the current status, number, and date of filing each overseas Patent application (Form-3).
  • Task-related to the inventorship in case of convention or PCT (Patent Cooperation Treaty) national phase application (Form-5) or if the provisional description if properly followed by a complete description.

Also, Read: How to get Patent Registration for Software in India?

Different Types of Forms Required for Patent Registration in India

During filing the Patent application, the applicant will know the different types of forms required for the registration, and you can check the same below:

  • Form 1: Application for Patent Registration: This form involves:
  1. The full name and complete address of the inventor;
  2. The full name and completeaddress of the applicant;
  3. Information equivalent relating to the present invention, which the inventor has filed, and few wished undertaking and other information.
  • Form 2: Complete/Provisional Specification: This form deals with the specification of the Patent of the inventor. It may be provisional or complete Patent specifications based on the type of Patent application the inventor is dealing with.
  • Form 3: Undertaking and Statement under Section 8: This form is used to encompass details regarding the Patent application filed in any other nation for the present invention.
  • Form 5: Undertaking regarding the Inventorship: Form 5 acts as a declaration form for the inventors of the present Patent for which the application is filed.
  • Form 26: Power of Attorney: This form is mainly used to assign a Power of Attorney related to the Patent agent. They will be answerable for addressing the requirements of a Patent application on behalf of the inventor.

Meanwhile, the rejection rate of application of the Patent is considerably higher, and the applicant is required to remain ideal with the documents required for Patent Registration in India. Any ambiguities may lead to instant cancellation, and the application has to follow the complete registration process again.

Conclusion

Registration of a Patent in India is intended to be filed before the Patent Office occupied with complete and provisional specifications. Above, we discuss all the vital documents required for Patent Registration in India. So you need to arrange all these documents during the Patent Registration process; missing any documents will delay your registration process. So if you find it any difficulty to arrange all the documents, then you can call an expert who arranges all the documents on your behalf.

Also, Read: A Complete Guide on the International Patent Cost

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Karan Singh

A legal writing enthusiast, a wanderer, and a zealous reader. After gaining a lot of knowledge about the diverse legal topics and developing research skills, Karan joined the league of legal content writers to deliver quality-rich blogs.

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