What are Patent Forms?

Applying for a patent in the Patent Office is the first stage for securing a patent for the invention. Since filing the patent application till the grant, an applicant has required to file the various forms at each stage of the process.

Forms required at Indian Patent Office (IPO):

The below chart represents the various forms that are required at different steps.

Form 1:

Form 1 is an application for grant of patent in Indian jurisdiction. In this form, an applicant has to provide the necessary information such as, name and residing location of an applicant, information about previous patent applications connecting to the present invention, which applicant or any sanctioned organization has filed, and some declarations, and other information.

It’s pertinent to note that, a local residing location in India has to mention for non-Indian (foreign) patent applications.

Form 2:

Form 2 is filing for provisional or complete specifications. With the help of this form, an applicant can provide the patent specification which depending upon the category of a patent that the applicant seeks to file.

Below preamble is used on the first page of this form.

“The following specifications describe the invention

But, if an applicant filing for complete specification then uses the below preamble used on the first page on form 2.

“The below requirement predominantly explains the innovation and the mode in which it is to be executed

Form 3- Statement & Undertaking as per Section 8

This form is used to provide actions concerning patent applications filed in foreign states for the present innovation. Moreover, any information linking to the rights after the current application of patent has to be provided. Also, this form would be used to undertake that applicant will be remaining informed to the Indian patent office about foreign applications.

Form 5- Declaration as to Inventorship

This application is used to proclaim the innovators of the subject matter sought to be confined using the present patent application.

Form 9- Request for publication

This form is used to request the publication of the patent.

If this form is not submitted then the patent specification will be circulated by the patent office after 18 months from the priority date. On the other side, if filing this form, an applicant can usually have patent specifications circulated within 30 days from filing this form. It's pertinent to note that, patent rights begin from the publication of the patent but can be enforceable after the grant of patent.

Form 18- Request for Examination of Application of Patent

This form can file in 48 months since the priority date. After filing this form only, the patent office accepts your application for the examination. Therefore, it is advised to file form 9 and form 18 at an untimely phase. A small entity like start-ups can request a speedy examination by paying an extra fee of Rs. 8000. This facility is limited to 1000 applications in a year.

Form 26- Power of attorney

This form needs to be submitting if an applicant files a patent application through a Patent Agent. It is used to allocate the power of attorney to the patent agent to handle the patent application.

Form 28- Especially for small entity

This form only needs to be filed by a small organization to the patent office.

From the below chart, we will see the different forms along with stipulated fees which are for e-filings only as per rules. The patent office takes an extra 10 % fee for offline applications.

Forms required at USPTO:

Different pages need to be filed at every stage in the United States Patent & Trademark Office (USPTO).

The forms are widely categorized into two types.

1. Forms available before September 16, 2012

2. Forms available on or after September 16, 2012 (Which is follow-on after enforcement of America Invents Act, 2011)

We will see the current means forms which fall under the second type.

Below forms can be submitted directly to the USPTO office through online mode hence it's called Form-fill able PDFs.

1. SB08a Information Disclosure Statement (IDS)- This form was submitted for non-provisional application for patent. This form need not be submitted for the application filed under 37 CFR 1.99.

2. AIA/14 Application Data Sheet: This form is required to submit either in provisional or non-provisional applications. This form is also used for 35 U.S.C. 371 national stage applications.

3. SB28 Petition to make special under Accelerated Examination Program: This form provides a way of filing a petition to make special, except based on health, age, or PPH pilot program. This form encloses bibliographic information set in the layout mentioned by USPTO.

4. SB30 Request for Continued Examination (RCE) Transmittal: This form needs to be submitted via EFS-Web only. Through this form, an applicant can request a Continued Examination under 37 CFR 1.114. But RCE practice does not apply to any utility or plant patent application filed before June 8, 1995or to any design patent applications.

Apart from these, there are various forms which include We-Based ePetitions, Assignment Recordation Forms and so on which fulfills the various requirement of information for USPTO and most of these are digitally available and can be filled according to the Paperwork Reduction Act of 1995.

Forms required at EPO:

In European jurisdiction, various forms need to be submitted at each stage of patent proceedings too. We will see the main forms which are required for filing to grant the patent at the European Patent Office (EPO).

Form 1001:

This form requires submitting a request for the grant of a European patent.

Form 1009:

This form is required to submit for speedy prosecution in the case, an applicant has an urgency to grant the patent. Through this form, an applicant can request participation in the Patent Prosecution Highway (PPH) pilot program.

Form 1011:

This form is required to submit by small organizations and not by big entities. Through this form, an applicant can make a "Declaration for Small & Micro Entities (SME), natural persons, non-profit organizations, universities, and public research organizations. This form's main purpose is a reduction of fees amount under Rule 6 of the European Patent Convention (EPC).

Apart from these, there are various forms available at EPO to smoothing the administration of patent applications.

Form 1020:

This form is a payment form. It’s used only for applications filed with national patent offices.

Form 1037:

This form is required to submit for acknowledgment. This acknowledgment is for the receipt of the patent application at EPO.

Form 1200:

This form needs to submit to those applicants or entities which want to enter into the European phase. So, this is for the international application of patents for foreign states.

know more about patent law, see the video below -

BY-

Sushama Mhasurle