Choosing Inventor and Applicant Details in an Indian Patent Application

Choosing Inventor and Applicant Details in an Indian Patent Application

Filing a patent application in India involves several critical decisions, including the identification and documentation of the inventor(s) and applicant(s). These roles not only determine the ownership and legal rights of the patent but also influence the speed and procedural requirements of the application process. This article provides a detailed overview of how to choose the inventor and applicant details in an Indian patent application, with examples and practical guidance on expedited examination provisions, legal rights, and documentation requirements.

Key Definitions

Inventor

An inventor is an individual who contributes to the conception of the invention. Inventors have moral rights to be acknowledged in the patent document but do not automatically have ownership rights unless they are also the applicant or have been assigned the patent rights.

Applicant

The applicant is the individual or entity that files the patent application and, upon grant, holds the ownership of the patent. inshort, applicant has legal ownership of the patent.

The applicant could be:

  • The inventor(s)
  • An employer (e.g., a company, institute, or organization)
  • A third party to whom the inventor(s) have assigned their rights

Rights of Inventors and Applicants

  • Inventor Rights: Recognition as the creator of the invention in the patent document.
  • Applicant Rights: Legal ownership and the exclusive right to use, license, or transfer the patent.

Choosing the Applicant

Selecting the applicant is a strategic decision based on the ownership structure, commercial objectives, and eligibility for expedited examination that is faster examination. The following scenarios illustrate how different entities or individuals can be applicants:

Scenario 1: Individual Inventor as Applicant

  • Example: A sole inventor, Ms. Anjali Sharma, develops a novel biodegradable packaging material.
  • Outcome: Ms. Sharma is both the inventor and the applicant, holding complete ownership of the patent.
  • Documentation Required: Personal details such as name, address, nationality, and contact information. Proof of identity as PAN CARD copy.

Scenario 2: Employer (Firm) as Applicant

  • Example: A team of employees at GreenTech Solutions Pvt. Ltd. creates a new solar panel technology.
  • Outcome: The company becomes the applicant, as the invention was developed as part of the employees’ official duties. The employees are named as inventors.
  • Documentation Required:
    • Assignment agreement transferring rights from the inventors to the company.
    • Company’s registration details.

Scenario 3: Educational Institution as Applicant

  • Example: Researchers at XYZ University develop a water purification method under a funded project.
  • Outcome: The university applies for the patent, recognizing the researchers as inventors.
  • Documentation Required:
    • Proof of funding or internal policies governing intellectual property.
    • Authorization letter from the university.

Scenario 4: Women Applicant or Co-Applicant

  • Example: Dr. Priya Kapoor and her colleague, Mr. Rohan Mehta, co-develop a medical diagnostic tool. Dr. Kapoor is included as a co-applicant to qualify for expedited examination.
  • Outcome: The application is eligible for faster processing under the “Women Applicant” provision.
  • Documentation Required:
    • Scanned copy of Dr. Kapoor’s PAN card.

Scenario 5: MSME or Startup as Applicant

  • Example: An MSME, InnovateTech Solutions, invents a smart energy meter.
  • Outcome: InnovateTech applies for the patent, leveraging expedited examination benefits for MSMEs.
  • Documentation Required:
    • MSME certificate or Startup India certificate recognition.

Expedited Examination Provisions

Expedited examination accelerates the patent grant process. Eligibility criteria include:

  1. Women Applicants: Applications with at least one female applicant.
  2. Startups: Recognized by Startup India with relevant certification.
  3. MSMEs: Registered under India’s MSME Act.
  4. Other Criteria: International applications, applicant is government organization etc.

To utilize these provisions, applicants must submit Form 28 along with proof of eligibility, such as:

  • MSME/Startup certificates
  • PAN card for women applicants

Deciding who will be the applicant requires clarity on ownership, commercialization plans, and legal responsibilities:

  1. Ownership Rights: The applicant holds exclusive rights to license, sell, or use the patent.
  2. Revenue Sharing: If multiple applicants are involved, a pre-agreed revenue-sharing arrangement is essential.
  3. Assignment of Rights: Inventors may assign their rights to another entity (e.g., employer or funding organization) through a formal agreement.

Example of Shared Ownership

  • Scenario: A startup and a university collaborate on an innovation.
  • Solution: Both entities apply as joint applicants, sharing ownership as per a Memorandum of Understanding (MoU).

Summary of Documentation Required

  • Inventors: Names, addresses, nationalities, email addresses, and contact numbers.
  • Applicants:
    • Individuals: Personal details and PAN card for women applicants.
    • Firms/Institutions: Registration certificates and assignment agreements.
    • MSMEs/Startups: Relevant certificates (e.g., MSME or Startup India recognition).
  • Form 28: Required for expedited examination under special categories.

How to Choose the Applicant for the Most Cost-Effective Patent Filing and Faster Grant

When filing a patent application, selecting the right applicant is a crucial decision that impacts not only the costs of filing but also the overall process of obtaining a grant in India and internationally. The choice of applicant affects official fees, eligibility for concessions, and the strategic approach to international patent protection. This article provides a comprehensive guide on how to choose the applicant to ensure a cost-effective patent filing and a faster grant, considering Indian patent law, the Patent Cooperation Treaty (PCT), and the Paris Convention route.

1. Understanding the Role of an Applicant in a Patent Application

An applicant is the legal entity or individual who applies for the patent and holds the rights to the invention. The applicant may be:

  • The inventor(s) themselves
  • A company, startup, or MSME (if the rights are assigned to the entity)
  • A university or research institution
  • A legal entity holding rights to the invention

The choice of applicant determines eligibility for fee reductions and impacts the cost of filing in India and internationally.

2. Cost Considerations Based on the Applicant Type

(A) Filing a Patent in India

The Indian Patent Office (IPO) provides different fee structures based on the type of applicant:

  • Individual Inventor / Natural Person – Lower official fees
  • Startup / MSME / Small Entity – Moderately higher fees but still discounted (same as individal if DPIIT or MSME certificate is available)
  • Large Entity / Company – Highest fees

For example, filing fees for a patent application in India:

  • Individuals & Startups/MSMEs: INR 1,600 to INR 4,000
  • Large Entities: INR 8,000 to INR 20,000

Selecting the applicant type strategically can significantly reduce patent costs in India.

(B) Filing an International Patent Application through PCT

When considering international patent protection via the Patent Cooperation Treaty (PCT), the applicant type plays a crucial role in determining the official fees:

  • Individual Inventor: Approx. INR 15,000 – INR 20,000
  • Startup / MSME / Legal Entity: INR 1,30,000 – INR 1,40,000

Since the cost difference between an individual and a legal entity is substantial, startups or small businesses should consider whether the patent should be filed under an individual’s name or a company’s name.

4. Best Practices for Cost-Effective and Efficient Patent Filing

(A) If Seeking Protection Only in India

  • File as an individual applicant (if possible adding woman as a co-applicant to get benefit of faster grant) .
  • If a company ownership is required, startups and MSMEs should apply to avail cost benefits.
  • Consider expedited examination if the applicant is eligible.

(B) If Filing an International Patent (Multiple Countries)

  • If PCT is the preferred route, consider filing under an individual’s name initially to reduce PCT fees and later transfer rights to a company before national phase entry.
  • If filing via Paris Convention, check individual vs. entity filing costs in each target country to optimize fees.
  • Prioritize countries with strong commercial potential for the invention.

(C) If Planning a Startup or MSME Strategy

  • Startups should register as a recognized entity under the government schemes to benefit from reduced fees.
  • If the patent will be commercialized under a company, consider assigning the rights from an individual to the company post-filing to optimize costs.

5. Conclusion

Choosing the right applicant for a patent application is critical for cost optimization and ensuring a faster patent grant. Factors such as applicant category, eligibility for fee reductions, filing strategy (India, PCT, or Paris Convention), and business goals must be carefully evaluated. By making an informed decision, inventors and businesses can minimize expenses while securing strong patent protection in India and globally.

The inventor and applicant details should be shared at the time of filing patent application:

Applicant Details
Sr. No.NameAddressNationalityEmail IDContact Number
1     
2     
3     
Inventor Details
Sr. No.NameAddressNationalityEmail IDContact Number
1     
2     
3     
Prasad Karhad
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