Claim Regarding Mention of Inventor as Such in a Patent (Form 8) (India) by Indian Patent Office
Form 8 under the Patents Rules 2003, used by an inventor to claim, or by an applicant to request, that the inventor be mentioned as such in the patent and its published application under Section 28 of the Patents Act, 1970.
FORM 8
THE PATENTS ACT, 1970
(39 of 1970)
&
The Patents Rules, 2003
REQUEST OR CLAIM REGARDING MENTION OF
INVENTOR AS SUCH IN A PATENT
[ See sections 28(2), 28(3) and 28(7); rules 66, 67 and 68 ]
State names, address and nationality of the person making this application.
I/We,¹
hereby state/claim that the following person(s) be mentioned as inventor(s) in the patent application No. ... dated ... made
by
Insert the name of the person mentioned as inventor.
or hereby declare that,²
Complete address including postal index number/code and state along with Telephone and fax number(s).
ought not to have mentioned as inventor in the application for Patent No. ... dated ... made by ... and I/We
hereby apply for a certificate to that effect.
A Statement setting out the circumstances under which this application is made is attached together with the copy/copies thereof as required under the rules.
To be signed by the applicant or his authorized registered patent agent.
My/Our address for service in India is³
Dated this ... day of ... 20
Name of the natural person who has signed.
Signature..⁴
(...)⁵
To
The Controller of Patents,
The Patent Office,
At ...
Note : - For fee : See First Schedule.
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About this template
What is this template?
This is a prescribed statutory form under Indian patent law. It is not an assignment of rights or a new patent application, but a specific request to correct the record regarding inventorship.
When should you use it?
Use this form when an inventor's name was omitted from a patent filing and needs to be legally recognized. Use a Form 1 instead for a fresh application for a patent.
Who it's for
- an inventor omitted from an original patent application filed in India
- a person claiming the right to be mentioned as an inventor in a granted patent
How long it runs and how it's signed
Law it's drafted under
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