Proof Of Right Requirement In Patents

Section 6 of the Patents Act, 1970, states that an application for patent can be made, either alone or jointly, by a true and first inventor, an assignee of the inventor, or a legal representative of the deceased person.

When an application for a patent in India is filed by an assignee of the true and first inventor i.e., person other than the true and first inventor, then the assignee is required to submit a 'proof of right', as per Section 7(2) of the Patents Act, 1970. The section states, "where the application is made by the 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".