Statement and Undertaking Under Section 8 (Form 3) (India) by Indian Patent Office
This document is a mandatory Statement and Undertaking (Form 3) required under the Indian Patents Act. It is used by patent applicants to declare details of any similar patent applications filed in foreign countries and to commit to updating the Indian Patent Office on those filings.
FORM 3 | |||||
THE PATENTS ACT, 1970 | |||||
(39 of 1970) | |||||
and | |||||
THE PATENTS RULES, 2003 | |||||
STATEMENT AND UNDERTAKING UNDER SECTION 8 | |||||
(See section 8; Rule 12) | |||||
1. Name of the applicant(s). | I/We... ... ... hereby declare: | ||||
2. Name, address and nationality of the joint applicant. | (i) that I/We have not made any application for the same/substantially the same invention outside India Or (ii) that I/We who have made this application No...dated ...alone/jointly with ..., made for the same/substantially same invention, application(s) for patent in the other countries, the particulars of which are given below: | ||||
Name of the country | Date of application | Application No. | Status of the application | Date of publication | Date of grant |
3. Name and address of the assignee | (iii) that the rights in the application(s) has/have been assigned to... |
... that I/We undertake that upto the date of grant of the patent by the Controller, I/We would keep him informed in writing the details regarding corresponding applications for patents filed outside India within six months from the date of filing of such application. Dated this...day of...20... | |
4. To be signed by the applicant or his authorized registered patent agent. | Signature. ... |
5. Name of the natural person who has signed. | (...). |
To The Controller of Patents, The Patent Office, at... | |
Note.- Strike out whichever is not applicable; |
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About this template
What is this template?
This is a mandatory statutory filing for patent prosecution in India. It is not a patent application itself but a supporting disclosure of the applicant's global intellectual property portfolio related to a specific invention. It contains fields for application numbers, publication dates, and status of foreign grants.
When should you use it?
Use this form when filing a new patent in India or when foreign filing status changes. Use the Patent Application (Form 1) for the initial filing instead of this disclosure form.
What's inside
| Clause | Name | What it does |
|---|---|---|
| (ii) | Declaration of Foreign Applications | The applicant lists the country, application number, status, and grant date for all inventions filed outside India. |
| (iii) | Undertaking of Continued Disclosure | The applicant must inform the Controller of any new foreign patent filings within six months of their filing date. |
Who it's for
- an inventor or assignee filing a patent application with the Indian Patent Office
- an applicant who has filed for the same invention in multiple international jurisdictions
How long it runs and how it's signed
Law it's drafted under
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