Patent Form 1 (application) and Form 2 (specification): fees, deadlines and process

Form 1 and Form 2 explained

Form 1 contains the applicant and inventor details, the title of the invention, priority claims, and declarations. Form 2 is the specification itself, with a description, drawings and, in a complete specification, the claims that define the scope of protection.

A provisional specification secures a priority date when the invention is still being developed. The complete specification, with claims, must be filed within 12 months of the provisional, otherwise the application is treated as abandoned.

Indian applications can claim priority from a foreign application filed within the previous 12 months under the Paris Convention, and international applications under the PCT can enter India within 31 months from the priority date.

Official fees for Form 1

The base fee covers up to 30 pages of specification and 10 claims. Additional pages and claims attract extra fees, and the fee is charged for each priority claimed. Startups and small entities claim the lower fee using Form 28.

Other forms filed with the application

Form 18 is essential. Patent applications are not examined unless a request is filed. Expedited examination under Form 18A is available to certain categories, including startups, which can shorten the wait considerably.

• Form 3: statement and undertaking on corresponding foreign applications
• Form 5: declaration as to inventorship (with the complete specification)
• Form 26: power of attorney, if filed through a patent agent
• Form 28: proof of startup or small entity status
• Form 9: request for early publication (optional)
• Form 18 or 18A: request for examination or expedited examination

Who can apply and entity categories

The true and first inventor, their assignee, or a legal representative can apply. Where a company applies, it needs a written assignment from the inventors. The reduced fees apply to natural persons, startups recognised under Startup India, small entities meeting the MSME criteria, and educational institutions. If an application filed by a startup or small entity is transferred to a larger entity, the difference in fees becomes payable for subsequent actions.

Key deadlines after filing

Applications are published 18 months from the priority date, or earlier on request. Under the Patents (Amendment) Rules, 2024, the request for examination must be filed within 31 months from the priority date, reduced from 48 months, for applications covered by the amended rule. A separate examination fee applies, lower for startups, small entities and natural persons.

The 2024 amendments also introduced a certificate of inventorship, a grace period procedure using Form 31 and a working statement in Form 27 once every three financial years after grant.

Common mistakes

Common errors include publicly disclosing the invention before filing, a provisional specification too thin to support later claims, missing the 12-month window for the complete specification, forgetting the examination request, and not filing Form 3 updates on foreign applications. Applicants planning foreign filing should also note that Indian residents need permission before filing abroad first, unless they file in India first and wait the prescribed period.

Step by step

1. 1Prior art search

   Search existing patents and publications to assess novelty.

2. 2Draft specification

   Prepare Form 2 as provisional or complete, with claims if complete.

3. 3File Form 1 and Form 2

   File online with Form 3, Form 26 and Form 28 as needed.

4. 4File complete specification

   If provisional was filed, file complete within 12 months with Form 5.

5. 5Request examination

   File Form 18 within 31 months from priority date.

6. 6Respond to examination

   Reply to the First Examination Report within the time allowed.