There are several requirements stated in the Indian Patents Act
and the Patent Rules which an applicant has to comply with. One
such requirement is that of filing a statement as per the
provisions of Section 8(1) of the Patent Act and Rules 12(1) and
12(1A) of the Patent Rules setting out detailed particulars of
corresponding application(s) in Form 3.
Section 8 (1) of the Indian Patents Act
Section 8 of the Indian Patents Act, 1970 mandates an applicant
to furnish information and undertaking regarding foreign
applications.
The first provision of this Section states:
(1) Where an applicant...is prosecuting... an application
for a patent in any country outside India in respect of the same or
substantially the same invention, ..., he shall file along with his
application or subsequently within the prescribed period as the
Controller may allow-
