According to the patents act, an inventor or assignee, or the legal representative of a deceased person can apply the patent application at the Indian patent office. Before using, you should check the appropriate jurisdiction (authority) of the patent office.

• The jurisdiction of the patent office in respect of a patent application is decided based on any of the following.
• Place of residence.
• Domicile or business of the applicant.
• The place where the invention originated.
• Address for service in India given by the applicant when he has no business or domicile in India applicant.

(A foreign applicant should provide an address for service in India, and the jurisdiction decides upon that. An applicant (Indian or foreigner) may also give his Patent Agent’s address to communicate documents).

  Territorial jurisdiction is as under

GENERICS (UK) LIMITED Application No. 2616/KOLNP/2010

Generic (UK) limited company filed a PCT national phase application for the invention called “NOVEL PROCESS FOR THE PREPARATION OF SCOPINEESTERS.” The claim was filed in the Indian patent office Kolkata. After the examination, the controller found that the appropriate office of jurisdiction was New Delhi and transferred to the Indian patent office New Delhi by stating the following grounds.

1. The patent application does not fulfill the rule 4 of the patents act 1970, because the application filed in the Patent Office, Kolkata, in the name of the foreign applicant having an address of United Kingdom. The address of the service of the authorized patent agent has also been mentioned as New Delhi. Therefore, the appropriate office under Rule 4(1) for filing this application was New Delhi. But, the claim was filed in the Patent Office, Kolkata, which violates Rule 4(1).

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.