what is the process to file for patent in India?
23-May-2023 (In Trademark & Copyright Law)
What is the process to file for patents in India?
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.
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.
A patent application shall be filed on Form-1 along with Provisional / Complete Specification, with the prescribed fee as given in First Schedule at an appropriate office.
You may contact a patent lawyer for more details and to file your application and assist you in preparing your application forms.
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