Form 1 – Application for Grant of a Patent

Form 1 – To be submitted as the first application for filing an invention requesting grant of patent in the Patent Office.

The Form – 1 of the patent office carries the following details to be filled out;

  1. Type of Application:
    1. An Ordinary Application – Applies only for protection in India.
    2. Convention Application – Applies for protection with about 177 Countries(as of 2017) which had signed the Paris Convention Agreement.
      • Time for taking various decisions is less 12 months.
      • Quite economic.
    3. PCT – National Phase – Applies for protection to about 152 Contracting Countries (as of 2018) which had signed the Patent Co-operation Treaty Agreement.
      • Time for taking various decisions is more 30-31 months.
      • Costly.
  2. Sub-Type of Application:
    1. Divisional Patent Application:
      • When an big invention filed for patent earlier (parent application) is divided into further individual patent applications limiting and focusing the scope of each invention narrow.
    2. Patent of Addition:
      • When a product / process for which a patent is already filed and the same product has got some improvements which does not constitute to be or cannot be filed as a separate patent application; then a patent of addition shall be filed, which is a continuation or improvement of an existing invention or a parent patent.
  3. Details of Applicants:
    1. Name, Nationality, Complete Address.
    2. Category:
      1. A / Group of Living Human (s) (Natural Person)
      2. Non-Living Person (Entities / Industries / Institutions)
        1. Small Entity – Most MSMEs, industries with less paid-up capital and no. of employees
        2. Large Entity – Non-MSMEs, large industries, educational institutions etc.,
        3. Startups – Those companies (MSMEs) recognised and certified by the Government of India as a Startup Company in terms of its services or products that are innovative, IP driven, technology focused with less than 25 Crore turn over (not older than 5 years from the date of registration).
  4. Details of Inventors:
    1. Names, Address and Nationality.
  5. Title of the Invention:
  6. Details of the Patent Agent (authorised):
  7. Address for service of the patent applicant:

etc.,

For all information regarding an Application for Grant of a Patent Application, go through

  • Section 7 – Form of Application
  • Section 54 – Patents of Addition
  • Section 135 – Convention Applications
  • Rule 20(i) – International Applications Designating or Designating and Electing India.

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