Introduction
When a patent application has overcome all objections, oppositions (if any), and is ready for grant, the applicant must formally seek issuance of the patent. In India, that formal step is by filing Form 12, titled “Request for Grant of Patent under Section 26(1) & 52(2)”.
While many guides mention only Forms 1, 2, 18, etc., Form 12 plays a crucial—though often overlooked—role at the final stage just before grant. Its correct use ensures that the patent is granted without procedural glitches.
Legal Basis: Section 26(1) & Section 52(2)
Section 26(1) (in the context of patent applications) empowers an applicant to request the Controller to grant the patent after necessary formalities, examination, and any opposition.
Section 52(2) applies similarly in the post-grant scenario (though grant is already done, the linkage is procedural).
The Patents Rules, 2003 (notably Rule 63A and Rule 79) specify the procedural mechanics for using Form 12.
Thus, Form 12 is the formal petition under the statute (Sections 26 & 52) and rules for moving from acceptance to official grant.
When and Why to File Form 12
You should file Form 12 when:
All objections, if any, raised by the Examiner have been addressed, and the Controller is satisfied that the application meets patentability criteria (novelty, inventive step, industrial application, etc.).
Pre-grant opposition period (if any) has expired or been disposed of.
Any amendments required under rules have been accepted and cleared.
You want the Controller to issue the grant formally (publication of the granted patent in the Official Journal).
Form 12 essentially acts as the applicant’s request: “Now grant my patent.” Without it, even if acceptance is communicated, the formal act of grant may not proceed.
If there is a failure to file Form 12, the application may stall, or the grant process may be delayed.
Structure and Contents of Form 12
The official Form 12 (Request for Grant of Patent under Section 26(1) & 52(2)) is published on the IP India website.
Key elements include:
Title heading referencing The Patents Act, 1970 and The Patents Rules, 2003
Caption: “REQUEST FOR GRANT OF PATENT UNDER SECTION 26(1) & 52(2)”
Fields for:
Application Number
Date of Filing
Names of Applicant(s) and address for service
Title of the Invention
Particulars of specification, claims, drawings as accepted/amended
Declaration or certificate that there is no objection or ground preventing grant
Signature of applicant or agent, date, etc.
Also, depending on complexity, the form allows repeating certain fields (a)-(c) if there is more than one applicant or specification part.
You should attach or refer to documents or amendments that were accepted by the Controller, to show that the application as currently stands is ready for grant.
Procedure After Filing Form 12
Submission & Fee
File Form 12 with the prescribed fee (check the current schedule on IP India’s “Form and Fees” page).Examination by Controller
The Controller reviews whether all formal and substantive requirements are fulfilled, whether any outstanding objections/defects remain, and whether all oppositions or amendments are formally closed.Grant Order & Publication
Once satisfied, the Controller issues the grant of patent, publishes a notice of grant in the Official Journal, and publishes the specification as granted.Maintenance / Renewal Fees
After grant, the patent enters the term period (20 years from filing) subject to payment of annual renewal (maintenance) fees.Possible Objections / Delay
If the Controller finds unresolved issues (for example, lingering formal defects or inconsistencies), the request may be held or rejected until addressed. In such cases, communication may go back to the applicant for clarification before grant.
Practical & Strategic Considerations
Timeliness matters
Don’t delay filing Form 12 once the application is acceptable. Late or neglected filing can lead to unnecessary waiting or oversight.Alignment with amendments accepted
Ensure that the version of specification, claims, and drawings in Form 12 matches exactly those accepted by the Controller. Any mismatch may cause rejection or confusion.Check pending oppositions
Before Form 12, verify that there is no unresolved pre-grant opposition or any pending challenge. If one exists, grant should await resolution.Fee class / entity type
Fees may differ depending on whether the applicant is an individual, small entity, or others. Always confirm the correct fee.Record keeping
Maintain clear records of acceptance communications, amendments accepted, notices, and versions to defend that the request is properly made.Fallback / remedy
If the request is held or refused, the applicant should respond promptly to Controller’s objections or file any missing corrections. There is no separate form “after grant” — the request (Form 12) must satisfy all criteria before grant.
FAQs
Q: Is Form 12 mandatory for every patent grant?
Yes, in Indian procedure, the grant is not automatic upon acceptance—Form 12 is the formal request that moves the application from acceptance to grant under Sections 26 & 52.
Q: Can Form 12 be filed before all objections are cleared?
It is not advisable. If unresolved objections or formal defects remain, the Controller may reject or delay the grant request. It is best filed when the application is fully ready.
Q: Is there appeal against refusal of Form 12 request?
There is no separate appeal mechanism solely for refusal of Form 12. The applicant would typically address the Controller’s objections or deficiencies, possibly via responses or written communication, or as part of broader patent proceedings.
Q: Does filing Form 12 guarantee grant?
No. Filing Form 12 is a procedural step. The Controller still retains discretion to withhold grant if legal or formal requirements are not fully met.
Summary & Takeaway
Form 12 is the formal request for grant under Section 26(1) (and 52(2) in relevant cases) once the application is ready.
It bridges the stage between acceptance and actual grant and publication.
To avoid delays or rejection, ensure that all objections, oppositions, amendments are finalized; file the correct version; and pay the proper fee.
While often underemphasised, neglecting or mishandling Form 12 is a common procedural pitfall in Indian patent prosecution.
