Form 1 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Form 1 is the application for grant of a patent. The Patents (Amendment) Rules, 2024 (G.S.R. 211(E), 15 March 2024) substituted a new Form 1, headed "See section 7, 54 and 135 and sub-rule (1) of rule 20". Rule 20 is the national phase rule for PCT applications; it is not the rule for an ordinary filing, so Form 1 is tied to rule 20(1) only in that one case. If you are preparing a first filing, our patent drafting and filing team can assemble Form 1 with the papers that go with it.
Form 1 is used for an ordinary application, a convention application (section 135), a PCT national phase application (rule 20(1)), and a divisional or a patent of addition (section 54). Every application is for one invention only, in the prescribed form, filed in the patent office (section 7(1)). The fee is entry 1 of Table I of the First Schedule as substituted in 2024, with extra amounts for each sheet beyond 30 and each claim beyond 10. A small entity, startup or educational institution files Form 28 with every document that carries a fee (rule 7(1), second proviso).
What the law requires of an application
Section 7 of the Patents Act, 1970 is the starting point; see section 7: form of application. An ordinary application must be accompanied by a provisional or complete specification (section 7(4)). The application must state that the applicant is in possession of the invention and name the person claiming to be the true and first inventor, with a declaration of belief where that person is not an applicant (section 7(3)). An assignee must furnish proof of the right to apply (section 7(2)); rule 10 allows six months after filing if the proof is not furnished with the application, and for a national phase application that period runs from the actual date on which the corresponding application is filed in India. See rules 10 and 11.
Rule 8(1) says the Forms in the Second Schedule are to be used "with such variations as the circumstances of each case may require". Rule 9(5) requires names and addresses in full, with nationality and other particulars necessary for identification, and rule 9(3) requires a sequence listing to be filed in computer readable text format. See rules 8 and 9.
What Form 1 contains, as printed
The substituted Form 1 is headed "Application for grant of patent" and has these numbered parts:
| Paragraph | Subject |
|---|---|
| 1 | Applicant's reference or identification number (as allotted by office) |
| 2 | Type of application: ordinary, convention, PCT-NP, PPH; each with a divisional and a patent of addition box |
| 3A, 3B | Applicant(s); category: natural person, other than natural person, educational institution, small entity, startup, others |
| 4 to 7 | Inventor(s); title; authorised registered patent agent(s); address for service in India |
| 8 to 11 | Particulars of the convention application, the international application (PCT), the original application (divisional, section 16) and the main application or patent (addition, section 54) |
| 12 | Declarations by the inventor(s), by the applicant in the convention country, and by the applicant(s) |
| 13 | Attachments, total fee, request that a patent be granted, date and signature |
In paragraph 3A, gender and age are marked optional, and the email and contact number carry the words "OTP verification mandatory - will be redacted". Paragraph 12(iii) lists statements the applicant ticks, including possession of the invention and that there is no lawful ground of objection.
Attachments listed in paragraph 13
Paragraph 13 lists Form 2, the sequence listing in electronic form, priority documents or a request to retrieve them from DAS, translations, the statement and undertaking on Form 3, the declaration of inventorship on Form 5 and the power of authority. Read our guides on Form 2, Form 3 and Form 5 for those papers, and Form 26 for the agent's authority. The foot of the form says it is to be signed by the applicant(s) or the authorised registered patent agent and ends "For fee: See First Schedule."
Which route: ordinary, convention, PCT, divisional, addition
| Route | Where the Act and Rules say so |
|---|---|
| Convention application | Section 135(1): application in India within twelve months after the basic application. See section 135 |
| PCT national phase | Section 7(1A) and rule 20(1); thirty-one months from the priority date (rule 20(4)(i)). See rule 20 |
| Divisional | Section 16; the specification refers to the original application number (rule 13(2)); rule 13(2A) allows one or more further applications |
| Patent of addition | Section 54; the specification refers to the main patent and states the improvement or modification (rule 13(3)). See sections 54-56 |
Fee: entry 1 of Table I
Rule 7(1) says fees are as specified in the First Schedule. The amounts below are from Table I as substituted in 2024, entry 1, for an application under sections 7, 54 or 135 and rule 20(1) accompanied by a provisional or complete specification. The first applicant column is a natural person, startup, small entity or educational institution; the second is others, alone or with those persons.
| Head | E-filing, first column | E-filing, others | Physical, first column | Physical, others |
|---|---|---|---|---|
| Application | Rs 1600 | Rs 8000 | Rs 1750 | Rs 8800 |
| (i) each sheet beyond 30 | Rs 160 | Rs 800 | Rs 180 | Rs 880 |
| (ii) each claim beyond 10 | Rs 320 | Rs 1600 | Rs 350 | Rs 1750 |
Entry 1 prints that the fee is a multiple "in case of every multiple priority". Entry 1(iii), for each page of sequence listing, is Rs 160 (maximum Rs 24000) and Rs 800 (maximum Rs 120000) in e-filing and "Not allowed" in physical filing. An application made under section 54 is eligible for a reduction of 50 per cent in fee as compared to other applications (note to entry 1). These amounts are as per the First Schedule as substituted in 2024; later amendments should be checked. The full table is in our article on patent fees by applicant category and filing mode, and the rule is explained in rule 7.
Example
Kiran Devices Pvt Ltd, a startup, files an ordinary application with 33 sheets and 11 claims, e-filing: Rs 1600, plus 3 x Rs 160 for sheets and Rs 320 for the extra claim, with Form 28.
Common mistakes
- Describing rule 20 as the rule for every Form 1 filing; it applies only to a national phase application.
- Leaving out Form 28 when the applicant is a small entity, startup or educational institution.
- Forgetting proof of the right to apply where the applicant is an assignee (rule 10).
Need help with Form 1?
Form 1, the specification and the declarations must agree with each other. Our patent drafting and filing service prepares the application, the attachments and the fee computation for the applicant's category.
Key takeaways
- Form 1 was substituted in 2024 and cites sections 7, 54 and 135 and rule 20(1).
- One application, one invention (section 7(1)).
- Fee is entry 1 of Table I, with charges beyond 30 sheets and 10 claims.
Read next
- Form 2: provisional and complete specification
- Second Schedule: forms 1, 3, 4, 8A, 27 and 31 as substituted in 2024
- Types of patent applications
- Divisional patent application
Disclaimer: Based on the Patents Rules, 2003 as consolidated up to 21 September 2021 and as amended by the Patents (Amendment) Rules, 2024 and the Patents (Second Amendment) Rules, 2024, as consulted on 2 October 2026. Later amendment rules, forms and fees should be checked in their current form. This article is general information, not legal advice.