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Patents Act, 1970 · Chapter III — Applications for Patents

Section 6: Persons entitled to apply for patents

In plain English

Section 6 says who may apply for a patent in India.

An application may be made by the person claiming to be the true and first inventor, by that person's assignee, or by the legal representative of a deceased person who was entitled to apply.

Any of these persons may apply alone or jointly with others.

This is subject to section 134, which deals with countries that do not give reciprocal treatment to Indian nationals.

This is a summary, not legal advice. The text of the Act below governs. Summary by , Co-founder and CEO, PatentAssist.ai.

Text of section 6

(1) Subject to the provisions contained in section 134, an application for a patent for an invention may be made by any of the following persons, that is to say,—

(a) by any person claiming to be the true and first inventor of the invention;

(b) by any person being the assignee of the person claiming to be the true and first inventor in respect of the right to make such an application;

(c) by the legal representative of any deceased person who immediately before his death was entitled to make such an application.

(2) An application under sub-section (1) may be made by any of the persons referred to therein either alone or jointly with any other person.

All sections of the Patents Act, 1970

Text of the Patents Act, 1970 as amended up to 2024, from the consolidated version published by the Office of the Controller General of Patents, Designs and Trade Marks (IP India). Reproduced under section 52(1)(q) of the Copyright Act, 1957. Check the official text before relying on it.