About this agreement

FORM-12 UNDER THE PATENTS ACT, 1970

Need a compliant FORM-12 UNDER THE PATENTS ACT, 1970 format for your patent application in India? Download our ready-to-use, customizable legal template today and ensure seamless compliance with Section 8 requirements.

What is FORM-12 UNDER THE PATENTS ACT, 1970?

FORM-12 UNDER THE PATENTS ACT, 1970 is a mandatory statement and undertaking required under Section 8(1) and 8(2) of the Patents Act, 1970. This form is submitted by patent applicants to disclose details of any corresponding patent applications filed in other countries and to provide an undertaking to keep the Controller General of Patents informed of any further developments. It's a critical document in the Indian patent filing process, ensuring transparency and preventing duplication of inventions already patented abroad.

Failure to file FORM-12 within the prescribed timelines—six months from the patent application date or from the date of filing abroad—can lead to severe consequences, including opposition to the grant of patent or even refusal. Our FORM-12 format is designed specifically for Indian patent offices, making it indispensable for inventors, companies, and legal professionals handling intellectual property matters.

Why is FORM-12 UNDER THE PATENTS ACT, 1970 Important?

This form plays a pivotal role in upholding the integrity of the patent system in India. By mandating disclosure of foreign filings, it allows the Indian Patent Office to assess novelty and inventive step accurately. Key benefits include:

Legal Compliance: Avoid penalties, oppositions, or revocation post-grant.
Streamlined Process: Pre-formatted to meet Controller's requirements, saving time and reducing errors.
Professional Edge: Demonstrates due diligence, strengthening your patent application.

In today's global innovation landscape, where inventions are filed internationally, using a precise FORM-12 format ensures your Indian patent journey remains uninterrupted.

Key Elements of FORM-12 UNDER THE PATENTS ACT, 1970 Format

A standard FORM-12 legal template includes the following essential sections:

Applicant Details: Full name, address, nationality, and contact information.
Indian Patent Application Details: Application number, title of invention, and filing date.
Foreign Application Particulars: Country, filing date, application number, and status for each corresponding application filed outside India.
Undertaking Clause: Signed statement to inform the Controller of any decisions, refusals, or grants in foreign applications within six months.
Verification and Signature: Declaration by the applicant or authorized agent, dated and signed.

Our customizable FORM-12 sample in PDF or Word format comes pre-filled with placeholders, ready for your specific data.

Who Should Use FORM-12 UNDER THE PATENTS ACT, 1970?

This form is essential for:

Individual Inventors filing patents in India after international applications.
R&D Companies and Startups protecting innovations globally.
Patent Agents and Attorneys representing clients before the Indian Patent Office.
Corporates in Pharma, Tech, and Manufacturing sectors dealing with multi-jurisdictional filings.

Common use cases include software patents, pharmaceutical inventions, mechanical devices, and biotech innovations where parallel foreign filings occur.

Download Your FORM-12 Format Now

Get instant access to our professional FORM-12 UNDER THE PATENTS ACT, 1970 free download option or upgrade to premium customizable versions in PDF/Word formats. Tailor it with AI assistance or seek legal customization for complex cases. Perfect for quick filings at the Patent Office in Mumbai, Delhi, Chennai, or Kolkata.

Important Note

While our FORM-12 template is crafted by legal experts and AI-optimized for accuracy, it is recommended to consult a qualified patent attorney for personalized advice. This ready-to-use legal template ensures compliance but does not substitute professional legal counsel. Explore related resources like other patent forms, opposition formats, and Section 8 compliance guides for comprehensive IP protection in India.

(Word count: 528)

FORM-12 UNDER THE PATENTS ACT, 1970

FORM 12

THE PATENTS ACT, 1970

(39 of 1970)

The Patents Rules, 2003

REQUEST FOR GRANT OF PATENT UNDER SECTION 26(1) & 52(2) see sections 26(1) & 52(2); rules 63A and 791

f. Repeat the columns (a) to (c) if there are more than one applicant,

2. insert the name in full. Family or principal name in the beginning, if the applicant is a natural persona

3. Insert the complete address including postal code and state and/or country.

4. Nationality of the person.

5. Name of the High Court.

6. Name, address and nationality of the true and first inventor.

Complete address including postal index number code and state along with Telephone and fax number(s).

8. To be signed by the applicant(s) vwel

hereby declare :

that l/We made opposition under section 25(3) before the Controller or a petition under Section 64 of the Act before the Appellate Board or High Court of ⁵

and the details of the patent and the opposition for the petition are given below •

Patent No.dated a tee

Oppositio n

Notice dated or Petition No. dated

(ii ) that l/We have claimed to be the true and first inventor(s)/assignee(s)/tegal

representative(s) of 6

or his authorised registered patent agent.

9. Name of the natural person who has signed.

the true and first inventor of the invention for which the said patent was granted.

(ijj) that by an order in the said opposition or petition the patent was revoked/the complete specification of the patent was directed to be amended by

exclusion of claims thereof.

(iv) that the Controller or Appellate Board or Court ordered to grant to me a patent in lieu of the said patent/part of the invention excluded by the amendment.

(v) that l/We submit a statement and certified copy of the order of the Controller or Appellate Board or Court in support of my application and request that a patent be granted to me in accordance with the order of the Appellate Board or Court. My/Our address for service in India is 7

Dated this day of . 200

Signature 8

To

The Controller of Patents,

The Patent Office,

Note: -(a) Strike out whichever is not applicable.

0 PDF downloads

0 Word downloads

Download PDF₹99 Download Word₹99

Important Guidelines

Guidelines for Drafting Form-12 under the Patents Act, 1970:

Purpose and Usage: Form-12 is utilized under the Patents Act, 1970, for the filing of a notice of opposition to the grant of a patent. Any person interested may file this form within four months from the date of the publication of the application for the grant of a patent. The opposition can be based on various grounds, such as lack of novelty, inventive step, or industrial applicability.

Key Drafting Considerations:

Details of the Opponent: Clearly provide the full legal name, address, and relevant details of the person filing the opposition.

Patent Details: Include accurate information about the patent application, such as the application number, date, and a concise description of the invention.

Grounds for Opposition: Clearly specify and articulate the grounds on which the opposition is based, such as lack of novelty or inventive step.

Supporting Documents: Attach any necessary supporting documents, such as evidence of prior art or expert opinions supporting the opposition grounds.

Notarization and Signatures: Ensure the form is properly notarized for legal validity. Include the signatures of the opponent or an authorized representative.

Common Mistakes to Avoid:

Incomplete or Incorrect Information: Provide accurate and comprehensive details to avoid delays and potential rejection of the opposition.

Vague Grounds for Opposition: Clearly articulate and specify the grounds for opposition to facilitate the Controller's understanding and evaluation.

Lack of Supporting Documents: Attach all necessary supporting documents to substantiate the opposition grounds and enhance the chances of success.

Incorrect Notarization: Ensure the form is notarized correctly, as any discrepancies in notarization may impact the legal validity of the opposition.

Non-compliance with Legal Requirements: Adhere to the specific legal requirements and regulations related to Form-12 under the Patents Act, 1970, for a valid and effective notice of opposition.

Drafting Form-12 requires precision and a clear presentation of the grounds for opposing a patent application. Adhering to these guidelines ensures a well-drafted document that facilitates the opposition process, minimizing potential legal complications or disputes in patent matters.

Frequently asked questions

What is Form-12 under the Patents Act, 1970?→

Form-12 is a legal document used in India to request inspection or copies of patent application files under Section 48 of the Patents Act, 1970, helping users access public patent records.

Is Form-12 legally valid in India?→

Yes, Form-12 is an official statutory form prescribed under the Patents Rules, 2003, and is fully valid for filing with the Controller of Patents in India.

Does filing Form-12 require stamp duty?→

No, Form-12 does not attract stamp duty as it is a government-prescribed form for the Indian Patent Office; only prescribed official fees apply.

In what format can I download Form-12?→

Form-12 is available for free download in PDF format from the official ipindia.gov.in website and in editable Word format from legal template providers.

Can I edit or customize Form-12?→

Yes, Form-12 is customizable; edit details like application number and request type in Word format before signing, printing, and submitting to the Patent Office.

When and who should use Form-12 under the Patents Act?→

Use Form-12 in India when seeking information on patent specifications or prosecution history; ideal for applicants, opponents, patent agents, or third parties monitoring patents.