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Who can apply for Patent in India and who can not?

Persons entitled to apply for patents

An application for a patent for an invention may be made by any of the following persons :-
  • by any person claiming to be the true and first inventor of the invention;
  • by any person being the assignee of the person claiming to be the true and first inventor in respect of the right to make such an application;
  • by the legal representative of any deceased person who immediately before his death was entitled to make such an application.
An application for patent may be made by any of the persons as mentioned above either alone or jointly with any other person.

Who is a "true and first inventor"?

In accordance with the Section 2(1)(y) of the Patent Act 1970 - "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.

Persons NOT ENTITLED to apply for patents

As per Section 134 of the Patent Act 1970, where any country specified by the Central Government in this behalf by notification in the Official Gazette does not accord to citizens of India the same rights in respect of the grant of patents and the protection of patent rights as it accords to its own nationals, no national of such country shall be entitled, either solely or jointly with any other person,—
  • to apply for the grant of a patent or be registered as the proprietor of a patent;
  • to be registered as the assignee of the proprietor of a patent; or
  • to apply for a licence or hold any licence under a patent granted under this Act.

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