Declaration as to Inventorship (Form 5) (India) by Indian Patent Office
Form 5 under the Patents Rules 2003, a declaration as to inventorship filed with a complete specification, identifying the true and first inventor(s) of the invention.
FORM 5
THE PATENTS ACT, 1970 (39 of 1970)
&
The Patents Rules, 2003 DECLARATION AS TO INVENTORSHIP [See section 10(6) and rule 13(6)]
NAME OF APPLICANT (S)
hereby declare that the true and first inventor(s) of the invention disclosed in the complete specification filed in pursuance of my /our application numbered dated is/are
INVENTOR (S)
NAME
NATIONALITY
ADDRESS
Dated this ...day of...20...
Signature: -
Name of the signatory: -
DECLARATION TO BE GIVEN WHEN THE APPLICATION IN INDIA IS FILED BY THE APPLICANT (S) IN THE CONVENTION COUNTRY: -
We the applicant(s) in the convention country hereby declare that our right to apply for a patent in India is by way of assignment from the true and first inventor(s).
Dated this ...day of...20...
Signature: -
Name of the signatory: -
STATEMENT (to be signed by the additional inventor(s) not mentioned in the application form)
I/We assent to the invention referred to in the above declaration, being included in the complete specification filed in pursuance of the stated application.
Dated this ...day of...20...
Signature of the additional inventor(s): -
Name: -
To, The Controller of Patent
The Patent Office, at...
Note
*Repeat boxes in case of more than one entry.
*To be signed by the applicant(s) or by authorized registered patent agent otherwise where mentioned.
*Name of the inventor and applicant should be given in full, family name in the beginning.
*Complete address of the inventor should be given stating the postal index no./code, state and country.
*Strike out the column which is/ are not applicable
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About this template
What is this template?
This is a prescribed statutory form from the Indian Patent Office for identifying the original creators of an invention. It is not an assignment agreement or a patent application itself, but a required supplementary filing.
When should you use it?
Use this form when submitting a patent application in India where the applicant is a company or person other than the inventor. Use a Deed of Assignment if you need to legally transfer the ownership rights before filing this declaration.
What's inside
| Clause | Name | What it does |
|---|---|---|
| Paragraph 1 | Declaration by the applicant | The applicant declares they are in possession of the invention and provides the names and addresses of all first inventors. |
| Paragraph 2 | Statement of rights | The applicant confirms their right to apply for the patent is derived from the named inventors by virtue of assignment. |
| Paragraph 3 | Assent of inventors | Named inventors sign to confirm they are the true and first inventors for the specific patent application number provided. |
Who it's for
- an applicant for an Indian patent who is not the sole inventor
- legal representatives of deceased inventors filing a patent application in India
- assignees of an invention seeking to establish their right to apply under the Patents Act
How long it runs and how it's signed
Law it's drafted under
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