1.  FORM 1-APPLICATION FOR THE GRANT OF PATENT-in triplicate 
Relevant Sections:-Sec.5(2),Sec.7,Sec.54,Sec.135(If priority is claimed),Rule 33A of Patent Rules,1972

2.  FORM 2-PROVISIONAL/COMPLETE SPECIFICATION-in triplicate 
Relevant Section:-Sec.10

3.  FORM 3-STATEMENT & UNDERTAKING OF CORRESPONDING FOREIGN PATENT APPLICATIONS-in duplicate 
Relevant Sections-Sec.8& Rule 13
 

1.   While preparing the application, expanded full names must be used in the applications. For example, R.Murali should be shown as Raghavachari Murali.

2.   Nationality of the applicant is essential & it must always follow the expanded name of the applicant.

3.   The Legal personality of the Applicant is also crucial. While natural persons, like individuals, pay an official fee of Rs.1500/- per application, incorporated artificial persons have to pay an official fee of Rs.5000/-.

4.   If the applicant is an Indian national-desirous of applying for foreign patents also, you can advise the patent cooperation route.

5.   The official fee payable for a PCT application is Rs.45,000/- in the beginning & additional sums payable at the time of search & registration.

6.   The applicant must also be appraised of the existence of the National Research Development Corporation,New Delhi(NRDC).This provides some kind of financial assistance for desiring applicants on mutuallty agreed terms & conditions.
 

1.   While the applicant would prefer a generic term to broadly describe the invention ,Indian Patent Office requires that the title should have some bearing on the main claim. Therefore it is safer to show a title which will have some connection with the main claim.

2.   Strictly speaking, the title is just a technical identification tag for the application which, along with the Abstract of the invention enables the Patent Office to make appropriate classification for the purpose of referringot the examiner’s report.

3.   The Abstract of the invention is not always needed at the time of filing the patent application. However, the Patent Office may insist on an Abstract of the invention, which the Patent Office itself will prepare based on the  main claim,in case the applicant does not provide one on his own.

4.   Submission of the Abstract of the invention would enable the Patent Office to do a quicker reference seeking the Examiner’s report.
 

1.   The right hand top of the drawings sheet should bear the title of the invention along with the number assigned to it by the Patent Office.

2.   The left hand side should indicate  the total number of drawing sheets & the order of the  present drawing sheet.

3.   Drawings must be in triplicate & at least one of them must be done on transparent  plastic or polyester films & drawn in indelible ink.

4.   The right hand bottom corner  of the drawing sheet ,should indicate clearly the name of the applicant, the name of the natural persons signing it ,in case he is an artificial person signing it, & the authority, if any, of the signatory to represent the applicant.

5.   Drawings should not  contain any kind of descriptive matter.

6.   The parts of the invention shown in the drawing must be shown in continuous serial numbers & the parts must be elaborately described in detail in the body of the specification.

7.   In the case of organic chemical patents, the body of the specification cannot contain the chemical structure & the bonding of the atoms in the molecules. They must be appropriately shown in the drawing sheet.
 

1.   At the outset, it has to be conceded that drafting a specification involves more technical than legal skill.

2.   However, drafting of a claim involves specific legal skills as it is the claim which determines the scope of the monopoly.

3.   The claims will have to be justified in the light of the disclosure in the specification.

4.   The first page of the specification,whether provisional or complete , will be as in Form 2.

5.   The descriptive matter of the specification will have to begin from the second page & the specification can only be typed on one side of the paper with appropriate margins & spaces as stipulated in the rules.

6.   As pointed out earlier, a typical complete specification has the following parts:
 
 

7.   A wise Patent attorney would ask for the written inputs from the inventor-applicant on points (a) to (h) above & prepare (i) sitting with the client.

8.   A Complete Specification should not have any abbreviations, trademarks or domain names that belong to others, including the applicant. It is better to describe products by their generic names.

9.   In India, the patent attorneys have not been specializing  as the American attorneys do. An average Indian patent attorney finds himself/herself handling organic/inorganic/physical/bio-technical/ electrical engineering patents etc. over a period of time.

10.  The statement of invention mentioned above is nothing but the condensed main claim & it must find a place in the specification ,Just prior to the drawings reference.
 

STATEMENT & UNDERTAKING REGARDING THE FOREIGN PATENT FILING OF THE CORRESPONDING INVENTION

1.  Advise the client that as & when a patent application is made abroad for the same invention, within 3 months of the said application,they must inform the patent office in writing in Form 3.

2.  Failure to do so may result in revocation of the patent , unless condoned under Rules 124 & 125.

3.  In case the client is a defendant(infringer),an examination & investigation of the Form 3 filed in the application will provide surprisingly effective grounds for revocation of the patent itself. Hence, even though Form 3 ,at the moment, is considered a mere formality, an application of one’s mind on this aspect will prove highly productive.