Claim Regarding Mention of Inventor as Such in a Patent (Form 8) (India)
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 statutory filing under the Indian patent system specifically for the naming of inventors. It is not an assignment of ownership or a patent application itself, but a supplemental request to correct or update the inventor list. It contains fields for the application number, name of the claimant, and a specific request to the Controller of Patents.
When should you use it?
Use this form when an inventor was omitted from the initial filing and needs to be officially recognized by the Indian Patent Office. Use Form 1 instead for the initial application for a patent or Form 6 for a change in ownership.
What's inside
| Clause | Name | What it does |
|---|---|---|
| Section 1 | Statement of Claim | The applicant identifies the specific patent application or patent number and names the person to be mentioned as the inventor. |
| Section 2 | Grounds for Request | The claimant provides the basis for the request and confirms that the individual listed is indeed the true and first inventor. |
| Signature Block | Declaration | The signatory confirms the accuracy of the statements and provides their name and address for the Controller's records. |
Who it's for
- an inventor seeking official recognition in a pending Indian patent application
- a patent applicant requesting the Controller to mention an additional inventor
- parties involved in a dispute regarding the naming of inventors under the Patents Act
How long it runs and how it's signed
Law it's drafted under
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