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Legal service India => Patent laws => Topic started by: amit on February 14, 2012, 03:20:42 AM

Title: Who may apply for a patent?
Post by: amit on February 14, 2012, 03:20:42 AM
# An application for an ordinary patent may be made by the inventor, his legal representative, or his assignee, either alone or jointly with any other person.

# An application for a patent of addition may be made only by the applicant for the original patent to which it is an addition, if the application for the original patent is pending, or by the registered proprietor of such original patent, if it has been granted.

# A. convention application may be made by any person who has made the application for patent in respect of that invention in  a Convention country or by his assignee or his legal representative.
Title: Re: Who may apply for a patent?
Post by: amanthapeterson on January 23, 2014, 10:04:01 PM
As far as the patent law is concerned, only the inventor may apply for a patent, with certain exceptions  in the same. If a person who is not the inventor should apply for a patent will be made invalid. The person applying in such a case who falsely states is the inventor would also be subject to criminal penalties.
Title: Re: Who may apply for a patent?
Post by: touqeer on February 26, 2014, 02:14:18 AM
Yes it is correct that only the inventor may apply for the patent but there are also certain exceptions.
If there are more than one inventor and what if the original inventor is dead.
Title: Re: Who may apply for a patent?
Post by: advuma on February 26, 2014, 03:00:28 AM
If more than one inventor than in all of their name....in case of death of inventor than the legal heir can apply on their name
Title: Re: Who may apply for a patent?
Post by: derekwilson on November 16, 2014, 11:26:01 AM
Yes they are correct, only the inventor may apply for the patent but there are exceptions like they said.
Title: Re: Who may apply for a patent?
Post by: manishsqrt on July 08, 2015, 09:06:47 AM
Although this post is now old, but if someone can answer me then please help.Suppose i am the original inventor of some machine but never applied for patent, but i have evidence through which i can prove in court that i am the original inventor then will the patent of the other inventor, who has been granted patent somehow due to ignorance, will be cancelled?
Title: Re: Who may apply for a patent?
Post by: Robinrusewell on August 08, 2015, 05:04:51 AM
Hello as in this type of situation only inventors can apply for the complain.
Title: Re: Who may apply for a patent?
Post by: depenning on September 29, 2015, 03:30:13 AM
An inventor, a musician, a artist, for a name, for a slogan, for  symbol, for a computer software etc..

For more details regarding patent visit http://www.depenning.com/ (http://www.depenning.com/)
Title: Re: Who may apply for a patent?
Post by: lexcare on June 09, 2016, 12:26:40 AM
Only the inventor may apply for the patent.
Title: Re: Who may apply for a patent?
Post by: kalaskarkk on January 06, 2018, 08:38:30 AM
Dear friend,

You question is answered as follows:

Compulsory Licensing

One of the most important aspects of Indian Patents Act, 1970, is compulsory licensing of the patent subject to the fulfillment of certain conditions.  At any time after the expiration of three years from the date of the sealing of a patent, any person interested may make an application to the Controller of Patents for grant of compulsory license of the patent, subject to the fulfillment of following conditions, i.e.

the reasonable requirements of the public with respect to the patented invention have not been satisfied; or
that the patented invention is not available to the public at a reasonable price; or
that the patented invention is not worked in the territory of India.
It is further important to note that an application for compulsory licensing may be made by any person notwithstanding that he is already the holder of a license under the patent.

For the purpose of compulsory licensing, no person can be stopped from alleging that the reasonable requirements of the public with respect to the patented invention are not satisfied or that the patented invention is not available to the public at a reasonable price by reason of any admission made by him, whether in such a licence or by reason of his having accepted such a licence.

The Controller, if satisfied that the reasonable requirements of the public with respect to the patented invention have not been satisfied or that the patented invention is not available to the public at a reasonable price, may order the patentee to grant a licence upon such terms as he may deem fit. However, before the grant of a compulsory license, the Controller of Patents shall take into account following factors:

The nature of invention;
The time elapsed, since the sealing of the  patent;
The measures already taken by the patentee or the licensee to make full use of the invention;
The ability of the applicant to work the invention to the public advantage;
The capacity of the applicant to undertake the risk in providing capital and working the invention, if the application for compulsory license is granted;
As to the fact whether the applicant has made efforts to obtain a license from the patentee on reasonable terms and conditions;
National emergency or other circumstances of extreme urgency;
Public non commercial use;
Establishment of a ground of anti competitive practices adopted by the patentee.
The grant of compulsory license cannot be claimed as a matter of right, as the same is subject to the fulfilment of above conditions and discretion of the Controller of Patents. Further judicial recourse is available against any arbitrary or illegal order of the Controller of Patents for grant of compulsory license.

Infringement of Patent

Patent infringement proceedings can only be initiated after grant of patent in India but may include a claim retrospectively from the date of publication of the application for grant of the patent. Infringement of a patent consists of the unauthorized making, importing, using, offering for sale or selling any patented invention within the India. Under the (Indian) Patents Act, 1970 only a civil action can be initiated in a Court of Law. Further, a suit for infringement can be defended on various grounds including the grounds on which a patent cannot be granted in India and based on such defence, revocation of Patent can also be claimed.
Title: Re: Who may apply for a patent?
Post by: priyac on January 09, 2018, 05:41:27 AM
Hello,

The inventor, who has brought forward the idea/ invention has the right to apply for the patent. You should also be aware that the right to apply for a patent can be transferred to another person physically or legally . The applicant for the patent can be be one or more people or companies.
                 For an employee who comes up with an invention that falls within the employer's operational area, there are certain limitations to the inventor's right to the invention. The limitations are dependent on how close the connection is between the employee's work tasks and the invention.

If a person who is not the inventor should apply for a patent, the patent, if it were obtained, would be invalid. The person applying in such a case who falsely states that he/she is the inventor would also be subject to criminal penalties. If the inventor is dead, the application may be made by legal representatives, that is, the administrator or executor of the estate.

Good to know that if an inventor refuses to apply for a patent or cannot be found, a joint inventor or a person having a proprietary interest in the invention may apply on behalf of the non-signing inventor.  Two or more persons making an invention jointly, can  apply for a patent as joint inventors. A person who makes a financial contribution is not a joint inventor and cannot be joined in the application as an inventor. It is possible to correct an innocent mistake in erroneously omitting an inventor or in erroneously naming a person as an inventor.

Patent filing process can be tedious and one might miss out on certain things. Let https://www.wazzeer.com/ help you in this
Title: Re: Who may apply for a patent?
Post by: Register Experts on February 01, 2018, 11:12:52 PM
Yes it is correct that only the inventor may apply for the patent but there are also certain exceptions.
If there are more than one inventor and what if the original inventor is dead.