Form 5 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 5 is the declaration as to inventorship. The only rule that names it is rule 13(6) of the Patents Rules, 2003, and that rule fixes both when the declaration is filed and what happens if more time is needed. Form 5 is also listed among the attachments in the substituted Form 1, so it is worth reading the rule against the application form. If you are assembling the papers for a filing, our patent drafting and filing team can prepare Form 5 with the specification.
A declaration as to inventorship is filed in Form 5 with the complete specification, or at any time before the expiration of one month from the date of filing of the complete specification, as the Controller may allow on an application made in Form 4 (rule 13(6)). Rule 13(6) opens with an exception for an application, other than a convention or PCT application designating India, that is accompanied by a complete specification. Form 5 carries no fee (entry 5 of Table I); the Form 4 request is charged under entry 4(i) per month.
What rule 13(6) says
Rule 13(6) reads: "Except in the case of an application (other than a convention application or an application filed under the Patent Cooperation Treaty designating India) which is accompanied by a complete specification, a declaration as to the inventorship of the invention shall be filed in Form 5 with the complete specification or at any time before the expiration of one month from the date of filing of the complete specification, as the Controller may allow on an application made in Form 4."
Taken word by word, the sub-rule has four parts:
| Part | Printed text |
|---|---|
| The exception | An application, other than a convention application or a PCT application designating India, which is accompanied by a complete specification |
| The declaration | A declaration as to the inventorship of the invention, in Form 5 |
| The time | With the complete specification, or before the expiration of one month from the date of filing of the complete specification |
| The extension route | As the Controller may allow on an application made in Form 4 |
The Explanation says that, for an application corresponding to an international application in which India is designated, the date of filing of the complete specification is reckoned from the actual date on which the corresponding application is filed in India. The rule-wise article is rule 13 on specifications.
Reading the exception with the application form
On its words, the exception takes out of the sub-rule an application that is not a convention or PCT application and that comes with a complete specification. The sub-rule then applies to the others: an ordinary application that begins with a provisional specification, and convention and PCT applications. The rule does not itself explain the reason for the exception and does not say what an applicant in the excepted group should file in its place. Paragraph 13 of the substituted Form 1 lists "Declaration of Inventorship on Form 5" among the attachments, and paragraph 12(i) of Form 1 carries a declaration by the inventor(s) that they are the true and first inventor(s) and that the applicant is their assignee or legal representative. Read the rule and the form together, and ask for advice on a doubtful case rather than rely on either alone. See Form 1: application for grant of a patent.
The Act behind it
Section 7(3) of the Patents Act, 1970 requires every application to state that the applicant is in possession of the invention and to name the person claiming to be the true and first inventor; where that person is not the applicant or one of the applicants, the application must contain a declaration that the applicant believes the person so named to be the true and first inventor. Rule 13(6) supplies the separate Form 5 and the time for it. See section 7: form of application. The text of Form 5 is not printed in the sources used for this article, so we do not describe its entries.
Time and extension
The period is one month from the date of filing the complete specification. Where the complete specification follows a provisional, section 9(1) allows twelve months from filing the application for that complete specification; the one month in rule 13(6) then runs from the date the complete specification is filed. See Form 2: provisional and complete specification.
The extension is described in the rule as something "the Controller may allow on an application made in Form 4". Form 4, as substituted in 2024, is headed "Request for extension of time or condonation of delay" and lists rule 13(6) among the provisions it serves. Table I entry 4(i) charges the request per month under sections 53(2) and 142(4) and rules 13(6), 80(1A) and 130. Rule 138, substituted in 2024, is a separate general power to extend time by up to six months on Form 4; whether it can be combined with the one-month period in rule 13(6) is not stated in rule 13(6), so the point should be checked before relying on it. See rule 138.
Fees: entries 5 and 4(i)
As per the First Schedule as substituted in 2024, entry 5 (declaration as to inventorship under rule 13(6), Form 5) reads "No fee" in every column. Entry 4(i), per month:
| Applicant column | E-filing | Physical filing |
|---|---|---|
| Natural person, startup, small entity or educational institution | Rs 480 | Rs 530 |
| Others, alone or with those persons | Rs 2400 | Rs 2600 |
Check the current Schedule for later changes. See patent fees by applicant category and filing mode.
Example
Tarang Biotech Pvt Ltd files its complete specification on 14 August. The rule 13(6) period runs to one month from that date; if Form 5 is not in by then, it applies in Form 4 and pays the entry 4(i) fee for each month sought.
Inventorship elsewhere in the Rules
Form 5 is about the declaration at filing. Naming the inventor in the patent itself is a different step under section 28 and rules 66 to 70; see rules 66 to 70 and sections 26 to 28. A certificate of inventorship is a third thing: rule 70A lets the Controller issue it to an inventor for a patent in force on a request in Form 8A; see rule 70A.
Common mistakes
- Counting the month from the provisional specification instead of the complete specification.
- Assuming that a Form 4 request is automatic; the rule says "as the Controller may allow".
- Treating Form 5, the inventor declaration in Form 1 and the section 28 mention as one document.
Need help with Form 5?
The inventor details in Form 1, the specification and Form 5 must tell the same story. Our patent drafting and filing service prepares them together and keeps the date for the complete specification.
Key takeaways
- Form 5 is the declaration as to inventorship under rule 13(6).
- It goes with the complete specification or within one month of its filing, as the Controller may allow on Form 4.
- Rule 13(6) excepts an application, other than convention or PCT, accompanied by a complete specification.
- Form 5 carries no fee; Form 4 is charged under entry 4(i) per month.
- The text of Form 5 is not printed in the sources consulted.
Read next
- Form 1: application for grant of a patent
- Form 2: provisional and complete specification
- Rule 138: extension of time and condonation of delay
- Types of patent applications
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.