Forms Involved In Patents : Known Criticism Regarding Patents

Article by: Dhairya Shah

Patents are for the protection of inventions. Inventors have to be precise with their segment of invention as there are some exempted fields as well. After patent filing a person gets exclusive rights for selling, using and commercially providing the patented material. There are various forms and fee variations on the basis of patent application.

Forms Involved with Patent Registration In India

- Initiating with the patent grant application filing one has to refer and fill out FORM 1.
- FORM 2 is for providing the precise details regarding the invention. This includes the entire specifications of the invented material.
- Following this an undertaking is provided to make sure that the person is obliged with the information provided and is responsible for its authenticity. This is mentioned in FORM 3
- If there is any request for extension in timing it is mentioned in the FORM 4.
- One has to also provide a declaration that he or she is the inventor of the same and all the parties related to the inventorship of the material. This is provided under FORM 5.
- There is also a form which can be used for mentioning a request for change in the applicant for patent. This enables the inventor to make all the changes he needs post form filling. This is provided under FORM 6.
- Then comes the form for opposition notice and representation for opposition for granting the patent. Theft are registered under the FORM 7 and FORM 7(A) respectively.
- FORM 8 is all about the mention of investors as such in the patent. Any claim or request regarding the inventors is mentioned here.
- Then comes the request regarding the publication. Hereby the request for publication of the specified details of invention is made. This is under FORM 9.
- If there are any further modifications or amendments to be made or done in the patent then it is mentioned in FORM 10. Following this the application for Direction of the Controller is provided in FORM 11.
- After all this a final request is made for granting the patent under Section 26 (1) and 52(20). This is requested on behalf of the inventor under FORM 12.

These are the first 12 Forms that need to be filed under an official request made to the patent examiner on behalf of inventors to grant permission for Patent.

Forms Post Grant Permission

There are FORMS present for Application for any amendments in the one submitted, Notice to opposition for Surrender, restoration or modification, restoration of project, title restoration in FORM 13 TO FORM 16.

Further there is a compulsory application for License made. It is made by filling up the FORM 17. After that for any examination in the Patent or its related information in application FORM 18 is presented.

Furthermore revocation of Patent for NOn working, revision of terms and conditions of License, termination of compulsory license is made under FORM 19 to FORM 21.

Then comes an important form for registering a Patent Agent of inventor. This is important as one cannot individually provide any prosecution before the patent office. Only a lawyer or patent agent is given the rights to do the same. Hence this information is provided under FORM 22.

After that the final forms are Names involved in Register of Patent agents, Setting aside controller decision, Request for making Patent application outside, Authorising the Patent agent, Statement for commercial usage of the invention is made under FORM 23 to FORM 27.

Requests for expedited patent approval procedure can be made under FORM 28 (A). Request for withdrawal of Patent request can be made under FORM 29 and the last form is to be utilized if no other other form is prescribed to the inventor (FORM 30).

Criticism For Patent

There are various cases and scenarios where people have revolted against the patent policy. The primary reason has always been the stagnant growth of innovation due to the long cycle of patent holding. In other instances there are cases of exploitation from inventors to common people under the monopoly policy. Also if providing the inventions to other companies for selling, the costs incurred are so high that the prices of that particular material is extremely high. Such practises are infamous in the field of pharma. The Pharma companies use their Research facilities to develop life saving drugs and later on exploit the customers by charging extreme prices for it.

Patents many times hinders the growth and development of various products. This is because many big companies register patents for products that cannot be further developed or managed by them. This hinders the small companies in developing that technology. In some cases there is a reverse scenario where certain companies register patents and never use them or develop them. This puts a halt of almost 20 years on development of that particular technology and even if done with permission of the inventor there is constant peeping from inventors into the matter.

In this way patents hinder the public domain usage of a good and potential material or invention which can be developed further. As per the data IBM registered for almost 9000 Patents in 2017 and Apple registered for 2000 in 2018. This shows how large companies are getting their hands up on the developed technology before any one can even explore the same.

Sometimes in the registration there are some really common and obvious patents. This not only hampers the quick registration of required facilities but also creates a lot of observations for common people to use anything which is very basic for usage. Obviously using the material is okay but when the inventor comes to know about it he or she would grant compensation under legal basis. This will account for every penny earned from that technology. This at the end creates a lot of hassle for the users and drains the most important resource available to humans that is TIME.

Have a Legal Counsel

It is always advised to have legal counsel before initiating any such work. This would save the person from usage of already patented technology and also save a lot of resources at the end. Having a legal council not only empowers your legal background but also protects from any wrong steps in business. For instance filling a patent is a very lengthy process which needs to be followed very precisely. This requires a lawyer or agency by your side for apt guidance.

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