Applicant
An Application for a Patent for an invention may be made by any of
the following persons either alone or jointly with any other person:
True and first inventor
True and first inventor’s assignee
Legal representative of deceased true and first inventor or his/her
assignee
The term "person" as defined in the Patents Act includes Government.
The term “person” as defined in the General Clauses Act, 1897
includes any company or association or body of individuals, whether
incorporated or not. In the case of a limited partnership, the
Application may be in the names of all personally responsible
partners.
True and first inventor does not include either the first importer
of an invention into India or a person to whom an invention is first
communicated from outside India. The applicant is required to
disclose the name, address and nationality of the true and first
inventor.
Assignee can be a natural person or other than a legal person such
as a registered company, a research organization, an educational
institute or Government. Assignee includes assignee of an assignee
also. Wherever, the inventor(s) is/are not the applicant, a proof of
right to apply by way of an endorsement in the Application form
(Form 1) or an assignment deed shall be submitted.
Legal representative means a person who in law represents the estate
of a deceased person. In such a case, the Legal Representative may
be required to file appropriate legal instruments as Proof of Right.
In case of a convention application, the legal representative or
assignee of the applicant in the Convention country can also file a
Patent Application in India. |
