Sir, I have a doubt regarding form 5. Form 5(section10(6),rule 13(6)) is accomplished with the complete specification and the time line is of one month from the date of filing of complete specification. In form 1, there is a clause of declaration by the inventor and applicant also . So is it necessary to file form 5 with form 1?
Form 1 is where T/F inventors are assigning their rights to applicants. There is no declaration from applicant l. Form5 is a sort of declaration from the applicants that as per their knowledge, the following people are T/F inventors.
Sir, don't we file petition under rule 138 to extend time period to file proof of right and Form-3?? I didn't read form-4 regarding extension of these timelines. Can u pls solve my doubt sir?
Rule 138 is above and beyond the extensions that are usually applicable for Form 1 and Form 5 - if you are not able to meet the usual deadline, you file Form 4 (before the expiry of the original timeline). Form 3 there is no extension as such. You file a petition to condone the delay in filing Form 3 in good time frame.
@@rashmichauhan8819 form 1 has a portion where inventors sign and assign their rights to the applicant/assignee - this is also known as proof of right to apply - so you can file the signed forms with the available time extension - but don't apply 138 everywhere.
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Thank you Rita for the kind words.
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Very Helpful!
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Small clarification: Form 5 needs to be filed along or within 1 month of complete specification and not provisional application
Yes
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Sir, I have a doubt regarding form 5.
Form 5(section10(6),rule 13(6)) is accomplished with the complete specification and the time line is of one month from the date of filing of complete specification.
In form 1, there is a clause of declaration by the inventor and applicant also .
So is it necessary to file form 5 with form 1?
Form 1 is where T/F inventors are assigning their rights to applicants. There is no declaration from applicant l.
Form5 is a sort of declaration from the applicants that as per their knowledge, the following people are T/F inventors.
Sir cs can be filed within 12 months ...suppose provisional is filed on 5 may 2023 , last date of filing cs should be 5th may 2023 or 4th may 2024?
5th may 2024
Sir, don't we file petition under rule 138 to extend time period to file proof of right and Form-3?? I didn't read form-4 regarding extension of these timelines. Can u pls solve my doubt sir?
Rule 138 is above and beyond the extensions that are usually applicable for Form 1 and Form 5 - if you are not able to meet the usual deadline, you file Form 4 (before the expiry of the original timeline). Form 3 there is no extension as such. You file a petition to condone the delay in filing Form 3 in good time frame.
@@AbhayPorwal Sir, How Rule 138 can be applied for Form-1. Form-1 is required for filing an application so how it can be related??
@@rashmichauhan8819 form 1 has a portion where inventors sign and assign their rights to the applicant/assignee - this is also known as proof of right to apply - so you can file the signed forms with the available time extension - but don't apply 138 everywhere.
@@AbhayPorwal OK Sir understood.
Get an idea of forms from here - ipindia.gov.in/form-and-fees.htm
Thank you for helping others, good going Ajeet.
is it possible to apply application for a patent outside India before applying in India?
Yes, by obtaining foreign filing certificate from Indian Patent Office. There is a detailed video on this - please watch.
Ok sir, Thank you