The journey from a “Eureka!” moment to a granted patent is paved with paperwork. In India, the patent filing process is governed by the Indian Patents Act, 1970, and requires a specific set of forms and technical documents to establish ownership and define the scope of protection.
1. The Core Mandatory Forms
To initiate a patent application, every inventor or applicant must submit these foundational documents:
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Form 1 (Application for Grant of Patent): Consider this the “ID Card” of your application. It contains bibliographic data, including the title of the invention, names, addresses, and nationalities of the inventors and applicants.
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Form 2 (Provisional or Complete Specification): This is the most critical technical document.
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Provisional Specification: Filed when the research is still ongoing to secure an early “Priority Date.”
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Complete Specification: Must be filed within 12 months of the provisional. It includes the full technical description, drawings, and the Claims—which define the legal boundaries of your protection.
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Form 3 (Statement and Undertaking): Under Section 8, applicants must keep the Indian Patent Office updated regarding any similar patent applications filed in foreign countries.
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Form 5 (Declaration as to Inventorship): A formal statement by the applicant declaring who the “true and first” inventors are.
2. Strategic & Administrative Documents
Beyond the basics, certain documents can speed up your grant or lower your costs:
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Form 26 (Power of Attorney): If you are engaging a registered patent agent or firm like Intellect Bastion to handle your filing, this document authorizes them to represent you.
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Form 28 (Claiming Small Entity/Startup Status): This is a huge cost-saver. Startups and MSMEs can receive up to an 80% discount on government fees by providing their DPIIT or Udyam registration.
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Form 9 (Request for Early Publication): Normally, an application is kept secret for 18 months. Filing Form 9 ensures your application is published within weeks, allowing you to establish legal standing sooner.
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Form 18/18A (Request for Examination): Your application will not be reviewed until this is filed. Form 18A is for expedited examination, available for startups, female inventors, and small entities to fast-track the grant process.
3. Additional Requirements for Special Cases
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Proof of Right: If the applicant is a company (and not the inventor), an assignment deed or employment contract must be submitted to prove they have the right to file.
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Biological Material: If your invention uses biological resources from India, permission from the National Biodiversity Authority (NBA) is required.
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Priority Documents: For National Phase (PCT) or Convention applications, a certified copy of the original foreign application must be provided.
Conclusion
A complete and accurate document set is the best defense against procedural delays or rejections. By following this checklist, researchers and startups can ensure their intellectual property is safeguarded from day one, allowing them to focus on what they do best: innovating.
Patent Filing Process in India | Process, Costs & Documents
This video provides a comprehensive breakdown of the patent filing journey in India, including details on mandatory forms, government fee discounts for startups, and tips for speeding up the grant process.
