The application for patent can be made by the following persons:

1.True and first inventor

   The 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.

Persons considered as the inventor

• All persons who contribute towards the development of patentable features of an invention.

• All persons, who have made an intellectual contribution in achieving the final results of the research work leading to a patent.

2.Asignee

   The assignee can be a natural person or a legal person such as:

• Registered company, Small entity, Start-up,

3.A research organization

• An educational institute or government.

• The assignee of an assignee also.

(When the applicant is not the original inventor he/she needs to submit; a proof of right to apply, by way of an endorsement in the Application form (Form 1) or an assignment deed,)

4.legal representative 2(1)(k)

   A legal representative means a person who represents a deceased person estate according to law. In such a case, the Legal Representative may oblige to provide evidence of the right to the appropriate legal authority.

Procedure to be followed in case of death of the applicant, or in case the legal entity ceases to exist, substitution, or addition of applicant.

1. If the applicant dies before the grant of a patent a request needs to be made by the person authorized by law to an interest in the patent.

2. If one or more of the joint applicant dies before the grant of the patent, a request needs to be made by a survivor with the permission of a legal representative of a deceased person.

3. In case of legal entity ceased to exist, substitution, or addition of applicant in all these cases, the Controller can allow such substitution. However, in the case of joint applicants, the substitution can only be made with the permission of all the other joint applicants.

4. In case of a dispute between joint applicants, The Controller can proceed with the application process in the name of any one or more, as he thinks fit. However, before proceedings, he needs to give equal opportunity to all applicants.

This article does not intend to hurt the sentiments of any individual, community, sect, or religion, etcetera. This article is based purely on the author’s personal opinion and views in the exercise of the Fundamental Rights guaranteed under Article 19(1)(A) and other related laws being enforced in India for the time being.