Let’s discuss different patent forms available at the Indian Patent Office and purpose of each form.
Application for Grant of Patent: Form -01
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.
Further, form 1 also contains a declaration by the Inventor(s) that the Inventor(s) is the true and first inventor for the innovation.
Provisional/Complete Specification: Form -02
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.
Preamble describing the provisional patent application in the first page of Form 2: “The following specification describes the invention”
Preamble describing the non provisional patent application in the first page of Form 2: “The following specification particularly describes the invention and the manner in which it is to be performed”
Statement and Undertaking Under Section 8: Form -03
Form 3 is a declaration submitted by the Inventor(s) to the Indian Patent Office (IPO) furnishing all the information/actions relating to patent applications filed in other countries for the present instant invention.
In particular, the Inventor(s) provides application number and other details in form 3 of the corresponding applications for patents filed outside India.
Moreover, Form 3 also contains an undertaking that the Inventor will inform the Indian patent Office in writing the details regarding corresponding applications for patents filed outside India within six months if he files any such application.
Request for Extension of Time: Form- 04
Form 4 furnishes a request for extension of time before the Controller for reasons such as an extension of time to pay renewal fees etc.
Declaration as to Inventorship: Form -05
Form 5 contains the name of the Inventor and a declaration by the inventor that the inventor(s) is the true and first inventor of the subject matter sought to be protected using the current patent application.
Claim or Request Regarding any Change in Applicant for Patent: Form 06
Form 6 furnishes a request to the controller regarding changes in applicant(s) for current patent application.
In particular, Form 6 is used for providing details such as, names of the applicant (s) to be added or removed, names of original applicants and reason for the change, among other details that are to be entered.
Further, Form 6 may also be used to add or remove an applicant from an Indian national phase application where a change in applicant has occurred after the international filing date.
Notice of Opposition: Form 07
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 an 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/s 11A or before the grant of a patent by any person interestedhaving 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.
Claim or Request Regarding Mention of Inventor as Such in a Patent: Form -08
Form 8 is filed by the applicant to add or remove an inventor in the patent application under section 28 of the Indian Patent Act.
Request for Publication: Form -09
Form 9 is filed by the applicant for the publication of the patent specification of the filed patent application by the Indian Patent Office after 18 months from the priority date or date of filing whichever is the earliest.
Patent applications are published within 1 month after expiry of the statutory period of 18 months.
In case of a request for an early publication, the application is published within 1 month from the date of request.
Application for Amendment of Patent: Form -10
Form 10 is used by the person to whom the patent is grantedfor amending particulars in the Patent Application. The application for amendment is made along with substantiating evidence.
Application for Direction of The Controller: Form -11
Form 11 is submitted in order to request any directions under section 51(1) or 51(2) to the Controller’s office.
Request for Grant of Patent Under Section 261 and 522: Form -12
Form 12 is filed by an applicant to request for grant patent under section 26(1) & 52(2) grant of a patent to the true and first inventor, where it has been obtained by another in fraud of him.
Application for Amendment of The Application for Patent/Complete Specification: Form -13
Form 13 is submitted by the applicant who wants to amend the application for patent/ complete specification/any document related thereto submitted while filing the Patent Application.
Notice of Opposition to Amendment / Restoration / Surrender: Form -14
Form 14 is submitted by the applicant orany person interested to provide a notice of opposition to amendment/restoration/ surrender of patent/grant of compulsory licence or revision of terms thereof or to the correction of clerical errors.
Application for Restoration of Patent: Form- 15
Form 15 is filed within 18 months from the date of lapse of a patent for the restoration of the patent when the patent has ceased to have an effect due to non- payment of renewal fees within the prescribed time.
The Application is accompanied with a statement highlighting the circumstances which led to failure to pay the prescribed fee.
Application for Restoration of Title/Interest: Form -16
Form 16 is filed by a person/party who wants to register a title or interest in a patent or share in it or registration of any document purporting to affect proprietorship of the patent even if they are no the inventor.
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.
In particular, the compulsory licence is granted on the following three grounds:
The reasonable requirements of the public with respect to the patented invention have not been satisfied
The patented invention is not available to the public at a reasonably affordable price
The patented invention is not worked in the territory of India.
Request/Express Request for Examination of Application for Patent: Form -18
Form 18 can be filed by applicant or any interested personwithin 48 months from the priority date or filing date whichever is at the earliest request for examination of the application for patent.
Request For Expedited Examination Of Application For Patent: Form -18A
Form 18 can be filed by applicant or any interested person requesting expedited examination of the patent application for a patent under rule 24C.
Application for Revocation of a Patent for Non-Working: Form -19
Form 19 is to be filed by the central government or any interested person who wish to revoke the patent before the expiry of the term for certain reasons of non-working.
Such application is made only after the expiry of 2 years from the date of grant of such patent.
Application for Revision of Terms And Conditions of License: Form -20
Form 20 is filed by a licensee who is granted with a licence by the controller and now wishes to Revise the terms of this Licence as he is unable to work with the previous terms of Licence.
Request for Termination of Compulsory License: Form -21
Form 21 is submitted by a patentee or any person interestedwho 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.
Application for The Registration of Name in The Register of Patent
Agents: Form -23
Form 23 is submitted by a person whose name is removed from the Register of patent agents for reasons under Section 130 or rule 116 and who wishes to restore their name in the register after such issue has been solved.
Application for Review/setting Aside Controller Decision/Order: Form -24
Form 24 is to be filed by the applicant/ opponent/ party who is aggrieved by the Controller’s decision in order to review or set aside such order within 1 month from the date of communication of such decision.
Request for Permission for Making Patent Application Outside: Form -25
Form 25 enables an inventor, resident of India who wishes to file a patent directly outside India without filing in India to request permission from the patent office.
Authorization of a Patent Agent in a Matter or Proceeding Under The Act: Form -26
Form 26 grants authorization to a Patent agent for representing the applicant in the Patent office in the matters or proceedings carried out under the Indian Patent Act.
Statement Regarding the Working of the Patented Invention on Commercial Scale in India: Form -27
Form 27 furnishes statement of working of the patent in India along with relevant information submitted by patentees and licenseesin a Statement Regarding the Working of the Patented Invention in India.
To Be Submitted By Small Entity / Startup: Form -28
Form 28 is submitted by an applicantwishing to be declared as a small entity/startup along with the proof relating to the status of being a small entity/startup.
Request For Withdrawal Of The Application For Patent: Form -29
Form 29 enables the applicant to withdraw the patent application or withdraw Request for examination before the issuance of the examination report. In particular, 90% examination fee shall be refunded.
To Be Used When No Other Form Is Prescribed: Form -30
Patent prosecution is the patent process required to obtain a patent which involves interaction between the Assignee/Inventor or his legal representative and Patent Office with respect to his patent application. During the patent prosecution process, a patent application has to go through the following steps-
Filing of the Patent Application- An inventor can file patent application either online or offline at the patent office in any of the respective jurisdictions: Kolkata, Delhi, Mumbai, and Chennai.
Publication of the Application- After filing the patent application is published within18 months from the earliest priority date/ filing date of the application. Prior, to the publication the patent application is confidential to the patent office.
Request for Examination-A request for examination has to be filed within 48 months from the date of filing of the application or the date of priority whichever is earlier. Request for examination can be pertained either by normal examination route or by Expedited examination route.
First Examination Report-After the examination of the patent application by the patent controller/patent examiner a First Examination Report (FER) is issued to the applicant or authorized agent. The FER cites the deficiencies in the patent application in compliance with the Patents Act, 1970 along with the objections in terms of novelty/ inventive step/ industrial aplicability.
Examination Response- The applicant or his legal representative has to draft a reply to FER within 6 months from the date of issuance of FER overcoming the objections cited by the patent examiner.
Hearing- Hearing is conducted between controller and patent applicant is to ensure that all objections raised in the patent application are resolved easing the grant procedure.
Grant of the Patent Application- When the patent controller/patent examiner is satisfied that the patent application meets all patentability requirements. The granted patent is notified in the patent journal which is published from time to time.
Renewal of the Patent Application- In order to keep the patent in force, a renewal fee shall be payable to patent office at the expiration of the second year from the date of the patent or of any succeeding year.
Opposition of Patent application- A patent application can be opposed by anyone after the publication of the patent application. There are two types of oppositions-
Pre Grant Opposition- Opposition made after publication until grant of patent application.
Post Grant Opposition- Opposition made within 12 months after grant of the patent application.
Patent search is a search involving research to data mine the patent and non-patent literature helping the inventor to know about the existing technology before applying for his own “Patent Application”.
Our searchers are advanced degree professionals in science/engineering with international training in a patent search, patent laws, and policies.
Our search team provides in-depth search results based on an extensive search performed on multiple search engines, databases, and libraries for patents and non-patent literature.
Our approach is highly consultative, communicative, responsive, and high-touch with our clients to provide an effective search project.
We aim at delivering your search results in a customized format ranging from a full report to a comparative feature matrix, verbal report, or any other delivery mechanism as requested by the client.
Our techno Patent Attorneys understand the level of effort required to conduct all types of patent searches and provide an accurate time frame for every search up front before we start working.
We provide customized services to meet the customer’s specific needs along with intensive client involvement and interaction.
Our Search Report
At IPR Studio, we believe that a good search report has both relevant results (Narrow results) and related results (Broad results).
We conduct comprehensive customized services in several technical disciplines such as computer software, electrical, mechanical, biomedical, biotechnology, food technology, pharmaceuticals, chemistry, and alike domains.
Boolean search is a type of patent searching that enables the users to find relevant results by combining keywords with Boolean operators. Boolean operators are used in all types of patent searching including the patentability search, validity/ invalidity search, prior art searching/ novelty search and the like.
What are boolean operators?
Boolean Operators are simple words used as conjunctions to combine or exclude keywords in a patent search.
General boolean operators are:
The above mention boolean operators are either used alone or in combination to produce focused and productive results by eliminating inappropriate hits.
LET US UNDERSTAND THE BOOLEAN OPERATORS
From the above, we can see if we use OR we have broader results while using AND the results are narrowed down. NOT excludes the results having that specified keyword.
Let us understand more with examples:
The pictorial snapshot illustrates applications containing tennis and applications containing a ball.
The pictorial snapshot illustrates applications containing both tennis and ball.
The pictorial snapshot illustrates results of applications containing either tennis or ball.
The pictorial snapshot illustrates applications containing ball but not the word tennis and applications containing the word tennis but not ball.
From the above examples, boolean searching can easily be understood.
Different approaches for searching patent can be categorized under the following heads:
Sequence searches, and
The most widely used and basic search category for patent searching involves the use of concepts and terms related to the invention by inserting text characters as search terms. Search term includes alternative terms, synonyms, spelling variations, acronyms. It also helps in finding records related to similar technology area.
Classification searches are performed used to categorize patents based on a specific code that groups inventions according to the technical area. It is an easy, comprehensive, faster and quicker way of classifying patents as per the subject matter.
International Patent Classification (IPC),
United States Patent Classification (USPC),
Cooperative Patent Classification (CPC),
Japanese FI and F term classification, F stands for “feature”.
Earlier European Patent Classification (ELICA) was also used but to make the classification easier Cooperative Patent Classification (CPC) was introduced. CPC is an extension of the IPC and is jointly managed by the EPO and the US Patent and Trademark Office.
The classification search is used in combination with other search strategies to yield the best search results to the searcher conducting a search in a particular technical area.
Boolean Search is a type of search allowing searches to combine keywords with operators such as AND, NOT and OR to produce more relevant results.
Structure searches involve searching chemical structures on certain databases based on atom to atom and fragment to fragment indexing of chemical structures.
Sequence searches are used for searching chemical structures on certain database based on nucleotide and protein sequences.
Image searches are conducted on Google platform which allows image to image mapping based on a search algorithm helpful in identifying similar images.
Why perform Patent searching?
Patent Searching is performed:
To determine the novelty of the invention and idea by finding similar patents and prior arts.
To discover owners of a particular patent or patents in a field of interest.
To validate and invalidate the particular patent searching.