An application for a patent for an invention i.e. a patent application can be filed by any of the following persons, either alone or jointly with any other eligible person/persons:
- The true and first inventor of the invention.
- The assignee of the true and first inventor (in respect of the right to apply for the patent).
- The legal representative of any deceased true and first inventor (or of their assignee), where the deceased person was entitled to apply immediately before their death.
Key definitions and clarifications:
- The term “person” includes both natural persons (individuals) and legal entities such as the Government, registered companies, small entities, startups, research organizations, or educational institutions.
- “True and first inventor” refers to the person who actually conceived the invention. It does not include:
- The first importer of the invention into India, or
- A person to whom the invention was first communicated from outside India.
- The applicant must disclose the name, address, and nationality of the true and first inventor(s) in the application.
- “Assignee” can be any natural person or legal entity (as listed above). It also includes an assignee of an assignee (chain of assignments).
- “Natural person” means an individual or group of individuals.
- “Other than natural person” refers to entities like companies, startups, research organizations, educational institutes, or the Government.
- “Legal representative” means a person who legally represents the estate of a deceased person (e.g., executor, heir, or administrator).
Proof of right requirements (when the applicant is not the inventor):
- If the inventor(s) is/are not the applicant(s), the applicant must submit proof of right to apply for the patent. This can be:
- An endorsement in the appropriate section of Form-1, or
- A duly authenticated/notarized assignment deed from the inventor(s) in favor of the applicant(s).
- This proof must be filed within 6 months from the date of filing the application in India.
- The requirement applies to both national applications and Convention/National Phase (PCT) applications entering India.
