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ARTICLE · 13 MARCH 2017

Entitlement To Apply For And Be Granted A Patent

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In India, a person to be eligible to file an application for a patent should either be the "true and first inventor" of the invention or an assignee or legal representative / heir(s)...

IndiaIntellectual Property
Suchi Rai
Suchi Rai
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Who under the Indian Patents Law is entitled to apply for a Patent?

In India, a person to be eligible to file an application for a patent should either be the "true and first inventor" of the invention or an assignee or legal representative / heir(s) of the "true and first inventor". An eligibility criterion for persons filing Patent Application in India is provided under1 Section 6 of Patents Act, 1970 (the Act).

Proof of Right to apply for a patent in India:

An assignee of the true and first inventor is eligible to file a patent application for patent in India, provided that the requirement under2 Section 7 of Act to submit the "Proof of Right" document is duly met. Additionally, where an application for patent is made by an assignee, there is a requirement to submit a declaration

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