We heard you! Soon we are bringing you the biggest update yet with Updated & New acts, all Central and State acts, the Constitution of India, and a dedicated Mobile App! 🚀
(1) Every application for a patent shall be for one invention only and shall
be made in the prescribed form and filed in the patent office.
1[(1A) Every international application under the Patent Cooperation Treaty for a patent, as may be
filed designating India, shall be deemed to be an application under this Act, if a corresponding application
has also been filed before the Controller in India.]
2[(1B) The filing date of an application referred to in sub-section (1A) and its complete specification
processed by the patent office as designated office or elected office shall be the international filing date
accorded under the Patent Cooperation Treaty.]
(2) Where the application is made by virtue of an assignment of the right to apply for a patent for the
invention, there shall be furnished with the application, or within such period as may be prescribed after
the filling of the application, proof of the right to make the application.
(3) Every application under this section shall state that the applicant is in possession of the invention
and shall name the 3[person] claiming to be the true and first inventor; and where the person so claiming
is not the applicant or one of the applicants, the application shall contain a declaration that the applicant
believes the person so named to be the true and first inventor.
4[(4) Every such application (not being a convention application or an application filed under the
Patent Cooperation Treaty designating India) shall be accompanied by a provisional or a complete
specification.]
Download our fully-offline, High speed android app.- Click here
---
1. Ins. by Act 38 of 2002, s. 6 (w.e.f. 20-5-2003).
---
2. Ins. by Act 15 of 2005, s. 5 (w.e.f. 1-1-2005).
---
3. Subs. by s. 5, _ibid_., for "owner" (w.e.f. 1-1-2005).
---
4. Subs. by s. 5, _ibid_., for sub-section _(4)_ (w.e.f. 1-1-2005).
---
---