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Department of Electronics and

Communication

Presented to: Head of Department:


Prof. Shilpa G Dr. K Chenna Reddy
RM & IPR
INDEX

PAGE 1-6 PAGE 7-8 PAGE 9-11


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.

Prepared by
Jitesh Kumar
V Sem

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