Filing of patent and grant of license
Online Link to Act/Rule/Legislation
Initial Setup or Ongoing Maintenance
Initial Setup only
Filing and Maintenance Requirements
Filing of patents and grant of compulsory license to be in the manner specified in the Act.
Application Guidelines / Responsible Persons / Comments
Persons entitled to apply for patents—(1) Subject to the provisions contained in section
134, an application for a patent for an invention may be made by any of the following
persons, that is to say,—
(a) by any person claiming to be the true and first inventor of the invention;
(b) by any person being the assignee of the person claiming to be the true and first
inventor in respect of the right to make such an application;
(c) by the legal representative of any deceased person who immediately before his
death was entitled to make such an application.
(2) An application under sub-section (1) may be made by any of the persons referred to therein
either alone or jointly with any other person.
Form of application.—(1) Every application for a patent shall be for one invention only and
shall be made in the prescribed form and filed in the patent office.
(1A) Every international application under the Patent Cooperation Treaty for a patent, as may
be filed designating India shall be deemed to be an application under this Act, if a
corresponding application has also been filed before the Controller in India.
(1B) The filing date of an application referred to in sub-section (1A) and its complete
specification processed by the patent office as designated office or elected office shall be
the international filing date accorded under the Patent Cooperation Treaty.
(2) Where the application is made by virtue of an assignment of the right to apply for a patent
for the invention, there shall be furnished with the application, or within such period as
may be prescribed after the filing of the application, proof of the right to make the
(3) Every application under this section shall state that the applicant is in possession of the
invention and shall name the person claiming to be the true and first inventor; and where
the person so claiming is not the applicant or one of the applicants, the application shall
contain a declaration that the applicant believes the person so named to be the true and
(4) Every such application (not being a convention application or an application filed under the
Patent Cooperation Treaty designating India) shall be accompanied by a provisional or a