Filing of patent and grant of license

  • Act/Rule/Legislation

  • 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.

  • Penalty

    Not relevant

  • 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
    application.
    (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
    first inventor.
    (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
    complete specification.