Request for Grant of Patent Under Section 26(1) and 52(2) (Form 12) (India) by Indian Patent Office
Form 12 under the Patents Rules 2003, used to request the grant of a patent under Sections 26(1) and 52(2) of the Patents Act, 1970, where a person is entitled to grant following proceedings on wrongful obtainment or revocation.
FORM 12
THE PATENTS ACT, 1970 (39 of 1970) & The Patents Rules, 2003 REQUEST FOR GRANT OF PATENT UNDER SECTION 26(1) & 52(2) [ See sections 26(1) & 52(2); rules 63A and 79]
Repeat the columns (a) to (c) if there are more than one applicant.
I/We$^{1}$...
(a).$^{2}$...
Insert the name in full. Family or principal name in the beginning, if the applicant is a natural person.
(b).$^{3}$...
Insert the complete address including postal code and state and/or country.
(c).$^{4}$...
Nationality of the person.
hereby declare : that I/We made opposition under section 25(3) before the Controller or a petition under Section 64 of the Act before the Appellate Board or High Court of$^{5}$...
Name of the High Court.
and the details of the patent and the opposition for the petition are given below :
Name, address and nationality of the true and first inventor.
Patent No. ... dated
...Grantee / Patentee
...Opposition
Complete address including postal index number code and state along with Telephone and fax number(s).
Notice dated --- or Petition No. ...dated...
To be signed by the applicant(s)
that I/We have claimed to be the true and first inventor(s)/assignee(s)/legal representative(s) of$^{6}$
or his authorised registered patent agent.
... ... ...
the true and first inventor of the invention for which the said patent was granted.
that by an order in the said opposition or petition the patent was revoked/the complete specification of the patent was directed to be amended by exclusion of ... claims thereof.
that the Controller or Appellate Board or Court ordered to grant to me a patent in lieu of the said patent/part of the invention excluded by the amendment.
that I/We submit a statement and certified copy of the order of the Controller or Appellate Board or Court in support of my application and request that a patent be granted to me in accordance with the order of the Appellate Board or Court.
Name of the natural person who has signed.
My/Our address for service in India is : 7.
... ...
Dated this ... day of ... 200
Signature 8
(---)9 ...
To
The Controller of Patents,
The Patent Office,
At ...
Note: -(a) Strike out whichever is not applicable.
For fee : See First Schedule.
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About this template
What is this template?
This is a formal statutory filing used by the Indian Patent Office for substituting the claimant as the rightful patent applicant. It is not an initial patent application or a transfer of ownership deed, but a procedural step following a legal determination of entitlement.
When should you use it?
Use this form when the Controller or a Court has ruled that you are the rightful owner of an invention currently filed by another. Use Form 1 for a standard initial patent application instead.
What's inside
| Clause | Name | What it does |
|---|---|---|
| Item 1 | Applicant Details | Records the name, nationality, and address of the person requesting the patent grant in their name. |
| Item 2 | Statutory Authority | Specifies whether the request follows a direction under Section 26(1) or an order under Section 52(2) of the Patents Act, 1970. |
| Item 3 | Patent Identification | Requires the application number or patent number and the date of the relevant order or direction from the Controller or Court. |
Who it's for
- a person seeking to be substituted as the applicant for a patent following a Controller's direction under Section 26(1)
- a party entitled to a patent grant pursuant to a court order issued under Section 52(2) of the Indian Patents Act
How long it runs and how it's signed
Law it's drafted under
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