Intellectual Property FAQ’s
An application for a patent may be filed in India by any of the following persons nn1. True and first inventor of the invention;n2. Assignee of the true and first inventor, which in most cases is the employer of the person; orn3. Legal representative of any deceased person who immediately before his death was entitled to make such an application.nnA patent application by any person from another country may be filed if the country is a member of the Paris Convention or is among the list of convention countries under the Indian Patent Act. n
A patent application in India can be filed at any of the four branches of the patent office located in New Delhi, Kolkata, Mumbai and Chennai. The appropriate office for an applicant to file a patent application would depend on:nn1. Where the applicant resides or has his domicile or has a place of business or n2. The place from where the invention actually originated.nnIn case of an International applicant not having a domicile or residence in India, a patent application must be filed through a patent agent. The appropriate patent office in such a case would depend on the address of service provided by the applicant. nnPlease follow the link to the Indian patent office website to know the territorial jurisdiction of the four patent offices.nhttp://www.ipindia.nic.in/jurisdiction-of-patent-offices.htm n
Any person who is a Patent Agent registered with the Indian Patent Office can help an individual or an organization in filing a patent application. As per the Indian patent act, only a patent agent registered with the Indian Patent Office is entitled to practice before the Controller, prepare all documents, transact all business and discharge any function as may be required in connection with any proceeding before the Controller which starts from the filing of the patent application and may end with the expiry of the patent.