Form 3 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 3 is the statement and undertaking under section 8 of the Patents Act, 1970, in which an applicant gives the particulars of applications for the same or substantially the same invention made outside India and undertakes to keep the Controller informed. The Patents (Amendment) Rules, 2024 substituted the text of Form 3 and changed rule 12, so the periods in older notes are out of date. If you are filing an application that has counterparts abroad, our patent drafting and filing team can prepare Form 3 with the application.
The statement and undertaking under section 8(1) is made in Form 3 (rule 12(1)), within six months from the date of filing the application (rule 12(1A)). The applicant keeps the Controller informed of foreign applications within three months from the date of issuance of the first statement of objections under rule 24B(3) or rule 24C(8) (rule 12(2), as amended in 2024). The Controller may direct a fresh Form 3 within two months (rule 12(4)) and may condone delay or extend time for Form 3 up to three months on Form 4 (rule 12(5)). Form 3 carries no fee (entry 3).
What section 8 requires
Section 8(1) applies where an applicant is prosecuting, alone or jointly with another, an application for a patent in any country outside India for the same or substantially the same invention, or knows that a person through whom he claims, or a person deriving title from him, is doing so. The applicant files a statement setting out detailed particulars of the foreign application and an undertaking to keep the Controller informed in writing, up to the date of grant of the patent in India, of every other such application filed outside India later. Under section 8(2) the Controller may, until grant or refusal, require details of the processing of the application in a country outside India. The Act prescribes no period; the period comes from rule 12. See section 8 of the Patents Act, 1970.
Rule 12, sub-rule by sub-rule
| Sub-rule | What it says |
|---|---|
| 12(1) | The statement and undertaking under section 8(1) is made in Form 3 |
| 12(1A) | The period for filing it is six months from the date of filing the application. Explanation: for an application corresponding to an international application in which India is designated, the six months run from the actual date on which the corresponding application is filed in India |
| 12(2) | As amended in 2024: the time within which the applicant keeps the Controller informed of the details of other applications filed in any country, under the undertaking in section 8(1)(b), is three months from the date of issuance of the first statement of objections under rule 24B(3) or rule 24C(8). Before the amendment the words were "six months from the date of such filing" |
| 12(3) | Substituted in 2024: the Controller may use accessible and available databases for considering information relating to applications filed in a country outside India |
| 12(4) | The Controller may, under section 8(2), for reasons to be recorded in writing, direct the applicant to furnish a fresh statement and undertaking in Form 3 within two months from the date of the communication |
| 12(5) | Notwithstanding anything in the Rules, the Controller may condone the delay or extend the time for filing Form 3 for a period up to three months upon a request made in Form 4 |
The notification prints the new sub-rules as "3.", "4." and "5."; they are read here as sub-rules (3) to (5). The rule-wise article is rule 12. The first statement of objections is dealt with in rule 24B and rule 24C.
What Form 3 contains, as printed in 2024
The substituted Form 3 is headed "Statement and undertaking under section 8" and cites "sub-rule (2) and (3) of Rule 12". That citation survives in the printed form even though rule 12(3) was replaced and sub-rules (4) and (5) were added, so read the form with all the sub-rules above. As printed, the form asks for:
- the name of the applicant(s), with the words "I/We ... hereby declare";
- the number and date of the application for patent in India, made alone or jointly with a named joint applicant, and either a statement that no application has been made outside India for the same or substantially the same invention, or the particulars of those made, in a table of name of country, date of application, application number, status of the application, date of publication and date of disposal;
- the name and address of the assignee, if the rights in the Indian application have been assigned, and the undertaking that, up to the date of grant of the patent by the Controller, the applicant will keep the Controller informed in writing of the details of corresponding foreign applications in accordance with section 8 and rule 12;
- the signature of the applicant or the authorised registered patent agent, and the name of the natural person who signed.
The note at the foot says to strike out whichever is not applicable.
Fees: entries 3 and 4(ii)
Amounts are as per the First Schedule as substituted in 2024. Entry 3, on filing a statement and undertaking under section 8 (Form 3), reads "No fee" in all four columns. A request in Form 4 for extension or condonation under rule 12(5) falls under entry 4(ii), per month:
| Applicant column | E-filing | Physical filing |
|---|---|---|
| Natural person, startup, small entity or educational institution | Rs 2000 | Rs 2200 |
| Others, alone or with those persons | Rs 10000 | Rs 11000 |
Entry 4(ii) cites "sub-rule (4) of rule 12 or sub-rule (2) or rule 131", although the power to condone delay in Form 3 is in rule 12(5); the entry is copied as printed. Check the current Schedule for later changes. See rule 7 on fees and patent fees by applicant category.
Example
Orbit Fabrication Pvt Ltd files an Indian application on 10 January with a counterpart pending abroad. Form 3 is due within six months from 10 January. If the Controller, giving reasons in writing, directs a fresh Form 3 on 1 March, it is due within two months of that communication.
Common mistakes
- Using the older six-month period in rule 12(2) after the 2024 substitution.
- Treating the statement as a one-time filing; the Controller can direct a fresh Form 3 under rule 12(4).
- Counting six months from the international filing date in a national phase case instead of the actual Indian filing date.
Need help with Form 3?
Foreign family details must be accurate when filed and at each later date. Our patent drafting and filing service prepares Form 3 and keeps the dates in the diary.
Key takeaways
- Form 3 is the section 8 statement and undertaking (rule 12(1)), due within six months from filing (rule 12(1A)).
- A fresh Form 3 can be directed within two months; delay can be condoned up to three months on Form 4.
- Form 3 carries no fee; Form 4 carries the entry 4(ii) fee per month.
Read next
- Form 1: application for grant of a patent
- Form 2: provisional and complete specification
- Form 18: request for examination
- Patent examination process: request, first examination report and hearing
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.