Form 12 shall be filed by any person who proves that an invention or a part of an invention is obtained from him by another person wrongfully by whom an application for patent is filed to whom the patent is granted.
Conditions when such a Form shall be filed are,
- When a person considers that an invention or a part of an invention was obtained from him unlawfully or wrongfully while requesting for revocation of a patent and proved the same.
- If the person is able to prove such “Obtaining”, the Controller shall opt to Grant the Patent on the person’s name from whom it was stolen.
before the Controller or the Appellate Board or the High Court based on a Petition.
Details required for the Form are;
- Name of the Person (applicant of this Form)
- Address, Nationality of the Person.
- Declaration with the following details
- Name of Controller / Patent Office / Appellate Board / High Court
- Patent No.:
- Date of Grant:
- Grantee / Patentee Name:
- Opposition based on any one of the above reasons
- Date of and Notice No. or Petition No.:
- Name, address, Nationality of true and first (original) inventor
- Name of Inventor / assignee / legal representative
- Claims that are excluded based on the petition made
- Statement or Certified copy of the Order received from the Controller or Appellate Board or Court
- Address for Service in India.
For more details regarding the Form 12, refer
- Section 26(1) – In cases of “Obtaining” Controller may treat the Patent as the Patent of Opponent.
- Section 52(2) – Grant of Patent to True and First Inventor where it has been obtained by another in Fraud of him.
- Rule 63A – Request made under Section 26 (1)
- Rule 79 – Request under Section 52 (2)