A long-standing debate among inventors in India has been the absence of a formal, statutorily recognised “certificate of inventorship” which publicly acknowledges one’s inventive role. With the Patent (Amendment) Rules, 2024, this gap has been addressed by introducing Rule 70A and Form 8A, under which an inventor of a granted patent can now obtain a certificate of inventorship. Let us examine how this new provision fits within the framework of the Patents Act, 1970, what it accomplishes, its limitations, and the procedural mechanics.
The legal context: Patents Act, 1970 and the 2024 Rules
While the Patents Act, 1970 remains the core statute, many procedural details are governed by the Patents Rules, 2003, as amended. The 2024 amendments introduced Rule 70A, carving out the new mechanism for issuing a Certificate of Inventorship.
Prior to 2024, the existing provisions allowed inventors to be mentioned in a patent (for instance, via Form 8 before grant, under section 28), but there was no statutory form or recognition after grant specifically called a “Certificate of Inventorship.” The 2024 changes fill that void.
What is Form 8A and Certificate of Inventorship?
Definition and scope
Form 8A is the prescribed form under Rule 70A by which an inventor can request issuance of a Certificate of Inventorship for a patent that is already in force.
The patent must be granted (i.e. in force) when the request is made; one cannot use Form 8A for pending applications.
A duplicate certificate may be requested if the original is lost, destroyed, damaged, or cannot be produced; the request must include a statement explaining the circumstances.
Legal character and limitations
The certificate is declaratory only. It does not create or modify patent rights, nor affect the substantive ownership of the patent. The form itself carries a note to that effect.
It is intended primarily as a formal recognition or a certification of inventorship, useful for evidentiary or reputational purposes.
It does not substitute for assignment documents, dispute resolution of inventorship rights, or corrective proceedings where incorrect inventorship is challenged.
Why was Form 8A introduced? Key rationales
Formal recognition for inventors
Prior to 2024, an inventor’s contribution was not captured in a standalone statutory instrument post-grant. The certificate now offers visible acknowledgment.Evidentiary support
In downstream disputes—such as in employment, licensing, or litigation—the certificate may serve as supporting evidence that the inventor was recognised by the Patent Office.Transparency and morale
This change aligns India with global expectations that credit should flow to those who contributed technically, enhancing fairness and encouraging innovation.
Procedural mechanics: How to apply using Form 8A
Here is a step-by-step guide:
Prepare Form 8A
Fill in information such as:Name of inventor
Patent number
If duplicate, the circumstances of loss, destruction, etc.
Address, Aadhaar (for Indian inventor), contact details
Pay prescribed fee
As per the 2024 Rules, the fee for requesting a certificate of inventorship is ₹ 900 (for natural persons, startups, small entities) or as per First Schedule for others.Submit to the Controller
The request goes to the appropriate Controller of Patents at the relevant Patent Office.Controller’s decision
If satisfied, the Controller issues the certificate (or duplicate). There is no express statutory timeline in Rule 70A, so usual administrative practice and fairness apply.Record-keeping
The inventor retains that certificate; it may be used later in evidence or for academic, recognition, or contractual purposes.
Comparative and case law perspective
Although no landmark Indian judicial decision has yet interpreted Rule 70A (since it is newly introduced), the concept draws on principles of equitable recognition. In contrast, in jurisdictions like the U.S., inventorship is a central element of patent validity, so courts often scrutinise inventorship corrections. In India, this certificate is not a “correction” tool—but rather recognition of what the inventor claims.
That said, if a third party disputes inventorship, the certificate might play a supporting role in judicial or administrative proceedings. The underlying ownership or inventorship disputes would still be settled based on evidence, assignment records, or pleadings—not by this certificate alone.
FAQs integrated into the flow
Q: Can someone other than the inventor (e.g. an assignee) file Form 8A?
No. Rule 70A clearly provides that the inventor must request the certificate in Form 8A. Only the inventor (or joint inventors) may initiate this.Q: Is this certificate mandatory or optional?
It is entirely optional. The inventor may choose to seek it, but lack of it does not impair any legal rights under the patent.Q: Can errors in inventorship be corrected by Form 8A?
No. Form 8A does not amend or correct inventorship. That function continues to be governed by section 57 (for pending applications) or judicial correction claims under section 64 or other corrective routes.Q: Once a certificate is issued, can it be revoked?
The statute does not explicitly provide revocation. In practice, if fraud or misrepresentation is shown, the Controller or court may take corrective actions, but the certificate does not itself carry protective immunity.How Form 8A fits within existing remedies
To see how this new tool complements (but does not replace) existing legal routes, consider:
Purpose | Pre-2024 Tool | Role of Certificate via Form 8A |
Correcting inventorship | Section 57 (during prosecution), section 64 (post-grant challenges) | Does not substitute; may support one’s claim |
Crediting an inventor | Assignment deeds, internal acknowledgment | Adds visible administrative recognition |
Evidence in disputes | Witness testimony, lab records, assignment docs | May help corroborate inventor claim |
Taking care: best practices and cautions
Timely application: File soon after grant so the record is fresh.
Accurate information: Mistakes or misstatements may compromise the value of the certificate.
Document backup: Maintain supporting lab notebooks, inventor declarations, assignment agreements, etc.
Watch disputes: If an assignee opposes the inventor’s claim, the existence of the certificate is not conclusive—it is a tool, not a shield.
Conclusion
The introduction of Form 8A and Rule 70A under the 2024 Patent Rules is a welcome development under the Patents Act, 1970, providing inventors with a formal, recognisable certification of inventorship after the patent is granted. While it does not alter patent rights or correct inventorship disputes, it serves as a helpful documentary acknowledgment. Inventors should view it as a valuable addition to their toolkit—complementing assignments, lab records, and legal claims.
If you would like a sample filled version of Form 8A or further guidance on combining this with inventorship dispute remedies, I can help with that next.
