APPLICATION FOR GRANT OF PATENT (See section 7, 54 and 135 and sub-rule (1) of rule 20)| Deeds & Drafts

Petitions & Pleadings

FORM 1

THE PATENTS ACT 1970 (39 of 1970) and THE PATENTS RULES, 2003 APPLICATION FOR GRANT OF PATENT

(See section 7, 54 and 135 and sub-rule (1) of rule 20)

(FOR OFFICE USE ONLY)

Application No.

Filing date:

Amount of Fee

paid:

CBR No:

Signature:

1. APPLICANT’S REFERENCE /

IDENTIFICATION NO. (AS ALLOTTED BY OFFICE)

2. TYPE OF APPLICATION [Please tick (ð) at the appropriate category]

Ordinary ( )

Convention ( )

PCT-NP ( )

Divisional

( )

Patent of

Addition ( )

Divisional

( )

Patent of

Addition ( )

Divisional

( )

Patent of Addition ( )

3A. APPLICANT(S)

Name in Full

Nationality

Country of

Residence

Address of the Applicant

House No.

Street

City

State

Country

Pin code

3B. CATEGORY OF APPLICANT [Please tick (? ) at the appropriate category]

Natural Person ( )

Other than Natural Person

Small Entity ( )

Startup ()

Others ( )

4. INVENTOR(S) [Please tick (? ) at the appropriate category]

Are all the inventor(s)

Yes ( )

No ( )

same as the applicant(s)

named above?

If “No”, furnish the details of the inventor(s)

Name in Full

Nationality

Country of

Residence

Address of the Inventor

House No.

Street

City

State

Country

Pin code

5. TITLE OF THE INVENTION

6. AUTHORISED REGISTERED PATENT AGENT(S)

IN/PA No.

Name

Mobile No.

7. ADDRESS FOR SERVICE OF APPLICANT IN INDIA

Name

Postal Address

Telephone No.

Mobile No.

Fax No.

E-mail ID

8. IN CASE OF APPLICATION CLAIMING PRIORITY OF APPLICATION FILED IN CONVENTION COUNTRY, PARTICULARS OF CONVENTION APPLICATION

Country

Application

Number

Filing date

Name of the

applicant

Title of the

invention

IPC (as classified in the

convention country)

9. IN CASE OF PCT NATIONAL PHASE APPLICATION, PARTICULARS OF INTERNATIONAL APPLICATION FILED UNDER PATENT CO-OPERATION TREATY (PCT)

International application number

International filing date

10. IN CASE OF DIVISIONAL APPLICATION FILED UNDER SECTION 16, PARTICULARS OF

ORIGINAL (FIRST) APPLICATION

Original (first) application No.

Date of filing of original (first) application

11. IN CASE OF PATENT OF ADDITION FILED UNDER SECTION 54, PARTICULARS OF MAIN

APPLICATION OR PATENT

Main application/patent No.

Date of filing of the main application

12. DECLARATIONS

(i) Declaration by the inventor(s)

(In case the applicant is an assignee: the inventor(s) may sign herein below or the applicant may upload the assignment or enclose the assignment with this application for patent or send the assignment by post/electronic transmission duly authenticated within the prescribed period).

I/We, the above named inventor(s) is/are the true & first inventor(s) for this Invention and declare that the applicant(s) herein is/are my/our assignee or legal representative.

(a) Date

(b) Signature(s)

(ii) Declaration by the applicant(s) in the convention country

(In case the applicant in India is different than the applicant in the convention country: the applicant in the convention country may sign herein below or applicant in India may upload the assignment from the applicant in the convention country or enclose the said assignment with this application for patent or send the assignment by post/electronic transmission duly authenticated within the prescribed period)

I/We, the applicant(s) in the convention country declare that the applicant(s) herein is/are my/our assignee or legal representative.

(a) Date

(b) Signature(s)

(iii) Declaration by the applicant(s)

I/We the applicant(s) hereby declare(s) that: -

I am/ We are in possession of the above-mentioned invention.

The provisional/complete specification relating to the invention is filed with this application.

The invention as disclosed in the specification uses the biological material from India and the necessary permission from the competent authority shall be submitted by me/us before the grant of patent to me/us.

There is no lawful ground of objection(s) to the grant of the Patent to me/us.

I am/we are the true & first inventor(s).

I am/we are the assignee or legal representative of the true & first inventor(s).

The application or each of the applications, particulars of which are given in Paragraph-8, was the first application in convention country/countries in respect of my/our invention(s).

I/We claim the priority from the above-mentioned application(s) filed in convention country/countries and state that no application for protection in respect of the invention had been made in a convention country before that date by me/us or by any person from which I/We derive the title.

My/our application in India is based on an international application under the Patent Cooperation Treaty (PCT) as mentioned in Paragraph-9.

The application is divided out of my /our application particulars of which is given in Paragraph-10 and pray that this application may be treated as deemed to have been filed on DD/MM/YYYY under section 16 of the Act.

The said invention is an improvement in or modification of the invention particulars of which are given in Paragraph-11.

13. FOLLOWING ARE THE ATTACHMENTS WITH THE APPLICATION

(a) Form 2

Item

Details

Fee

Remarks

Complete/ provisional

specification)#

No. of pages

No. of Claim(s)

No. of claims and

No. of pages

Abstract

No. of pages

No. of Drawing(s)

No. of drawings and

No. of pages

# In case of a complete specification, if the applicant desires to adopt the drawings filed with his provisional specification as the drawings or part of the drawings for the complete specification under rule 13(4), the number of such pages filed with the provisional specification are required to be mentioned here.

(b) Complete specification (in conformation with the international application)/as amended before the International Preliminary Examination Authority (IPEA), as applicable (2 copies).

(d) Drawings (in conformation with the international application)/as amended before the International Preliminary Examination Authority (IPEA), as applicable (2 copies).

(e) Priority document(s) or a request to retrieve the priority document(s) from DAS (Digital Access Service) if the applicant had already requested the office of first filing to make the priority document(s) available to DAS.

(f) Translation of priority document/Specification/International Search Report/International Preliminary Report on Patentability.

(g) Statement and Undertaking on Form 3

(h) Declaration of Inventorship on Form 5

(i) Power of Authority

(j) ………………………………………………………………..

Total fee Rs.….in Cash/ Banker's Cheque /Bank Draft bearing No....... Date… on

……. Bank.

I/We hereby declare that to the best of my/our knowledge, information and belief the fact and matters slated herein are correct and I/We request that a patent may be granted to me/us for the said invention.

Dated this…………………day of………………….20……………………

Signature:

Name:

To,

The Controller of Patents

The Patent Office, at…………….

Note: -

* Repeat boxes in case of more than one entry.

* To be signed by the applicant(s) or by authorized registered patent agent otherwise were mentioned.

* Tick (?)/cross (x) whichever is applicable/not applicable in declaration in paragraph-12.

* Name of the inventor and applicant should be given in full, family name in the beginning.

* Strike out the portion which is/are not applicable.

* For fee: See First Schedule”;

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