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.

Conclusion

Selecting the right inventors and applicants in an Indian patent application is a critical decision that impacts ownership, legal rights, and processing time. By understanding the roles, rights, and documentation requirements, applicants can streamline the process and leverage provisions for expedited examination effectively. Proper planning ensures that the patent aligns with both individual and organizational objectives, maximizing its value and impact.

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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