Patend Related Forms Fee Structure Types of Patent Application PATENT RELATED FORMS There are over 30 patent-related forms. Some of them are mentioned below. Application for a Grant of a Patent Form 1 is an application form for a patent submitted by an applicant filing before the Indian Patent Office (IPO). In particular, Form 1 contains details such as type of application, the applicant (s) name and details, category of the applicant (s), inventor(s) name and details, the title of the Invention, priority particulars of the application(s) filed in a convention country, particulars for filing patent cooperation treaty (pct) national phase application, particulars for filing a divisional application, particulars for filing Patent of Addition and etc. Provisional/Complete specifications Form 2 furnishes the patent specification or the description of the patent application filed before the Indian Patent Office (IPO). In particular, the specification is either a provisional specification or a complete specification depending on the type of the patent filed by the applicant.
Notice of opposition on grant of a patent
Form 7 can be filed by any person interested having the opinion that his rights have been infringed and he wants to file an opposition to a patent filed by Inventor can give notice of opposition to the Controller of Patents. In particluar, any person interested has to mention the grounds of opposition a particular patent. Further, the notice of opposition is filed at any time after the grant of patent but before the expiry of a period of one year from the date of publication of the grant of a patent filed. Representation for Opposition to Grant of Patent: Form 07A Form 7A is filed within six months from the date of publication of the application u/ or before the grant of a patent by any person interested having the opinion that his rights have been infringed and he wants to file an opposition to a patent filed by an Inventor. Form 7A is filed for Pre grant opposition.
Application for Compulsory License: Form -17
Form 17 is filed before the controller of the patents by any person interested in applying for the grant of compulsory licence of a Patent after the expiry of 3 yrs from the date of grant of patent. Request for Examination of Application for Patent: Form -18 Form 18 can be filed by applicant or any interested person within 48 months from the priority date or filing date whichever is at the earliest request for examination of the application for patent.
Request for Termination of Compulsory License:
Form -21 Form 21 is submitted by a patentee or any person interested who wishes to terminate a Compulsory licence issued by the controller and is the original owner of the patent and wants the compulsory licence Terminated for specific purposes. Application Registration of Patent Agent: Form -22 Form 22 is submitted by a person who wishes to register themselves as Patent agents.
Statement regarding the working of the patented
invention on a commercial scale in India
Form 27 furnishes statement of working of the patent in India along with
relevant information submitted by patentees and licensees in a Statement Regarding the Working of the Patented Invention in India. Miscellaneous form to be used when no other form is prescribed
Form 30 is used when no other form Is Prescribed.
Fee Structure As per the patent Act, 1970 and The Patents Rules (1972), the requisite fee has been specified based on the type of form/s to be submitted to the Office. Electronically filed applications are 10% cheaper than physical filing. Fee for obtaining a patent via electronic filing. Types of Patent Applications Provisional Application - A patent application filed when the invention is not fully finalized and some part of the invention is still under experimentation. Such type of application helps to obtain the priority date for the invention.
Ordinary Application - A patent application filed with complete
specifications and claims but without claiming any priority date.
PCT Application - An international application filed in
accordance with PCT. A single application can be filed to seek patent protection and claim priority in all the member countries of PCT. Divisional Application - When an application claims more than one invention, the applicant on his own or to meet the official objection on the ground of plurality may divide the application and file two or more applications. This application divided out of the parent one is known as a Divisional Application. The priority date for all the divisional applications will be the same as that of the main (the Parent) Application (Ante-dating).
Patent of Addition Application - When an invention is a slight
modification of the earlier invention for which the patentee has already applied for or has obtained a patent, the applicant can go for ̳Patent of Addition‘, if the modification in the invention is new. Benefit - There is no need to pay a separate renewal fee for the ̳Patent of Addition‘, during the term of the main patent. It expires along with the main patent. Convention Application - If a patent application has been filed in the Indian Patent Office, and the applicant wishes to file the same invention in the one or more Convention countries (e.g. Paris Convention) by claiming the same priority date on which application was filed in India, such an application is known as Convention Application. The applicant has to file Convention Application within 12 months from the date of filing in India to claim the same priority date. Thank you! Have a great day ahead.