Form 8A: Why Every Inventor Should Claim Their Certificate of Inventorship

The Patents (Amendment) Rules, 2024 introduced a notable development in the Indian patent regime through the insertion of Rule 70A and the corresponding Form 8A, enabling inventors to obtain a Certificate of Inventorship from the Indian Patent Office.

While the amendment may appear procedural at first glance, it represents a significant policy shift towards formally recognizing inventors as the creators of patented technology, independent of questions relating to patent ownership.

Innovation begins with inventors. Having advised inventors, research institutions, universities, startups, and multinational corporations on patent portfolio management, I have often observed that inventors tend to focus primarily on patent grant, commercialization, and ownership. However, inventorship itself is a legally significant concept that deserves equal attention. Recognizing this need, the Indian Patent Office introduced Form 8A through the Patents (Amendment) Rules, 2024, effective from 15 March 2024.

This amendment marks a significant step toward formally acknowledging the individuals behind patented innovations.

Inventorship versus Ownership: A Distinction Often Overlooked

One of the most common misconceptions among inventors is the assumption that inventorship and ownership are synonymous.

Under patent law, these concepts are fundamentally distinct.

An inventor is the individual who has contributed to the conception of the inventive subject matter claimed in the patent. Ownership, on the other hand, may vest in an employer, assignee, research institution, startup, or any other entity through contractual arrangements or statutory provisions.

Consequently, an inventor may not ultimately own the patent, but the status of inventorship remains permanently attached to the individual's inventive contribution.

The introduction of Form 8A reinforces this distinction by providing an independent mechanism for recognizing inventorship irrespective of proprietary rights in the patent.

What is Form 8A?

Form 8A is the prescribed form through which an inventor may request the issuance of a Certificate of Inventorship from the Indian Patent Office.

The Certificate serves as an official acknowledgment by the Indian Patent Office that the individual has been recognized as an inventor in respect of a granted patent. It is important to note that the certificate does not confer ownership rights over the patent. Rather, it acknowledges the inventor's technical contribution to the patented invention.

Why Was Form 8A Introduced?

Under the previous patent framework, inventors were identified within patent records, but there was no dedicated mechanism enabling them to obtain formal recognition from the Patent Office.

The introduction of Form 8A addresses this gap by:

• Providing formal recognition to inventors.

• Encouraging innovation and research activities.

• Enhancing the visibility of inventors' contributions.

• Aligning Indian patent practices with the growing emphasis on inventor recognition globally.

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When Can Form 8A Be Filed?

An application under Form 8A can be filed:

• After the patent has been granted.

• By the inventor named in the granted patent.

Since the certificate is linked to a granted patent, it cannot be obtained during the prosecution stage of a patent application.

Why Should Inventors Care About Form 8A?

Many inventors, particularly those employed by companies, universities, or research institutions, assign their patent rights to their employers. As a result, they may not remain owners of the patent despite being the creators of the invention.

Form 8A provides inventors with an opportunity to obtain official recognition of their contribution, irrespective of patent ownership.

Inventors named in granted Indian patents should not view Form 8A as a mere administrative formality.

The Certificate of Inventorship represents:

• Official recognition of inventive contribution;

• Documentary evidence supporting professional and academic achievements;

• An additional record of participation in the development of patented technology;

• A valuable credential for researchers, scientists, engineers, and startup founders; and

• A step towards strengthening the visibility of inventors within India's innovation ecosystem.

As intellectual property practitioners, we frequently advise clients that patents are not solely about ownership and enforcement. They are also about recognizing and rewarding innovation.

Form 8A is a welcome development because it places inventors; where they belong at the centre of the patent system.

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