Explaining: Form of Patent Application

It is important to remember that a patent application should consist of only one invention. However, a person may file a group of inventions which are claimed in one patent application, but the inventions so linked should form a single inventive concept. The application for patent shall be filed at the patent office along with the respective forms.  The forms include form1, form2, form 3, form 5 and form 26.

If a patent application has been filed by an assignee, then the patent application should be accompanied with a document which is known as the Proof of Right. Proof of Right is a document which states that an inventor of the invention has assigned his rights to the company, which is the assignee. If the proof of right is not submitted along with the patent application then a period of six months is provided by the patent office to file the proof of right. The proof of right should be filed within six months from the date of filing of the patent application.

An important document which has to be filed along with the patent application is the declaration to inventorship. The application for patent should state that the person applying for the patent is in possession of the invention. The application shall contain the name of the true and first inventor.

Every application that is filed at the patent office should be accompanied with a provisional patent application or the complete specification. A provisional patent application is filed to get a priority date. Provisional application shall not contain claims.  It provides a period of 12 months to complete the research and file the complete patent specification. The complete specification includes the claims.

Leave a Reply

Your email address will not be published. Please enter your name, email and a comment.

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>