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Applying for a patent in India – Who can file and How?

A patent application can be filed either by true and first inventor or his assignee, either alone or jointly with any other person.

The legal representative of any deceased person, who immediately before his death was entitled to file an application for patent, can also apply for the same with the Patent Office.

The application for patent can also be made by virtue of an assignment of the right to apply for a patent for the invention.

In accordance with the provisions of Patent Act, the inventor, his assignee or legal representative of deceased person, who before his death was either the inventor or assignee, can apply for patents at the head office of the Indian Patent Office or its branches depending upon in whose jurisdiction he resides or has a domicile or has a principle office of business. In case of a foreign applicant, the application can be filed at the appropriate office, in whose jurisdiction the address for service or patent attorney’s office is situated.

The patent application can be accompanied either with complete specification or with provisional specification.

 In case the application is filed with provisional specification, then one has to file complete specification within 12 months from the date of filing of the application or else the application will be deemed to be abandoned.

There is no extension of time to file complete specification after expiry of the said period.

To know more about Patent Specification in India, click on the links below:

Patent Filing in India

Patent Filing Procedure in India

Patent Procedure in India

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