The Indian Patent Office (IPO) grants Patent Registration for innovations and inventions in India. Once registered, the applicant gains exclusive rights over their invention for a prescribed period, typically 20 years from the filing date. This monopoly ensures that others cannot make, use, sell, or import the patented invention without the patent holder’s consent.

 

Jurisdiction for Patent Filing

 

The appropriate patent office for filing is determined based on:

• The applicant’s domicile or place of business
• The location where the invention was developed or originated

Patent applications can be filed through both offline and online procedures, ensuring a streamlined and efficient registration process.

 

Prescribed Forms and Documents for Patent Registration in India

• Form-1 (Application for Grant of a Patent)

 

Includes details of the Inventor(s) and Applicant(s).

 

Specifies the type of Patent Application, title of the invention, and necessary declarations.

 

Requires signatures of the Inventor(s), Applicant(s), and Authorized Person.

• Form-2 (Provisional/Complete Specification)

 

Contains details about the type of application, title of the invention, description, claims, and abstract of the invention.

• Form-3 (Statement and Undertaking)

 

A declaration by the inventor, stating the obligation to inform the Controller about any foreign patent applications filed for the same invention.

• Form-5 (Declaration as to Inventorship)

 

A mandatory declaration stating the true and first inventor(s) of the invention, filed at the Patent Registration Office.

• Form-26 (Authorization of a Patent Agent or Representative)

 

Required when a Patent Application is filed by a Patent Agent or Patent Attorney on behalf of the inventor(s).

 

This form grants authorization to the agent/attorney to act on behalf of the applicant in patent matters or proceedings under the Act.