Documents Required for Patent Registration

Patent filing has become increasingly popular in India due to the rising intellectual property rights awareness and Startup India Action Plan. In the Startup India Action Plan, eligible startups would receive a 80% rebate in patent filing fee to provide a boost to patent registered by Indian companies. Hence, there is tremendous interest amongst startups for obtaining patent registration and in this article, we look at the documents required for patent registration in India.

Filing Patent Application

While filing a patent application, provisional specifications or complete specifications can be filed by the applicant. The following is a list containing all documents that must be filed for patent registration:

Patent application in Form-1.
Proof of right to file application from the inventor. The proof of cight can either be an endorsement at the end of the application or a separate agreement attached with the patent application.
Provisional specifications, if complete specifications are not available.
Complete specification in Form-2 within 12 months of filing of provisional specification.
Statement and undertaking under Section 8 in Form- 3, if applicable. Form 3 can be filed along with the application or within 6 months from the date of application.
Declaration as to inventorship in Form 5 for applications with complete specification or a convention application or a PCT application designating India. Form-5 or Declaration as to inventorship can 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 in Form-26, if patent application is being filed by a Patent Agent. In case a general power of authority, then a self attested copy of the same can be filed by the Patent Agent or Patent Attorney.
Priority document must be filed in the following cases:
- Convention Application (under Paris Convention).
- PCT National Phase Application wherein requirements of Rule 17.1(a or b) of hasnot been fulfilled.
- Note: Priority document must be filed along with the application or before the expiry of eighteen months from the date of priority, to enable early publication of the application.
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 is sufficient if the permission from the National Biodiversity Authority is submitted before the grant of the patent.
The Application form should also indicate clearly the source of geographical origin of any biological material used in the specification.
All patent applications must bear the signature of the applicant or authorized person or Patent Attorney along with name and date.
Provisional or complete specification must be signed by the agent/applicant with date on the last page of the specification. The drawing sheets attached should also contain the signature of an applicant or his agent in the right hand bottom corner.

Back to Learn

Frequently Asked Questions

Common questions about Patent Registration Requirements in India.

The first step in filing a patent application is to submit the Patent application in Form-1. This form is a mandatory document that needs to be filed along with other supporting documents for patent registration in India.

An inventor can prove their right to file a patent application by submitting proof of right to file the application from the inventor. This proof can be either an endorsement at the end of the application or a separate agreement attached with the patent application.

Yes, an applicant can file a provisional specification if the complete specification is not available at the time of filing the patent application. However, the complete specification in Form-2 must be filed within 12 months of filing the provisional specification.

The statement and undertaking under Section 8 in Form-3 is applicable in certain cases. If applicable, Form-3 can be filed along with the application or within 6 months from the date of application.

The declaration as to inventorship in Form-5 must be filed for applications with complete specification, a convention application, or a PCT application designating India. Form-5 can be filed within one month from the date of filing the application, if a request is made to the Controller in Form-4.

A power of authority document in Form-26 is required if the patent application is being filed by a Patent Agent. This document authorizes the Patent Agent to act on behalf of the applicant.

For a convention application (under the Paris Convention) or a PCT national phase application wherein the requirements of Rule 17.1(a or b) have not been fulfilled, the priority document must be filed along with the application or before the expiry of eighteen months from the date of priority. This is to enable early publication of the application.

Yes, if the patent 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. It is sufficient if the permission is submitted before the grant of the patent.

All patent applications must bear the signature of the applicant, authorized person, or Patent Attorney along with their name and date. The provisional or complete specification must be signed by the agent/applicant with the date on the last page, and the drawing sheets should also contain the signature of the applicant or their agent in the bottom right-hand corner.

Yes, according to the Startup India Action Plan, eligible startups would receive an 80% rebate in patent filing fee to provide a boost to patents registered by Indian companies.