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Application for a Patent

An application for a patent may be made by the actual inventor of the invention, or an assignee of the right to make an application or a legal representative of either.

It is the person who first applies for a patent who is entitled to the grant. A prior inventor of the invention who applies subsequently will not get the patent as against the first applicant.

Form of Application

  1. An application for a patent in the prescribed form along with the prescribed fee should be led in the patent office and every application shall be for one invention only.
  2. Where the application is made by virtue of assignment of right to apply, proof of such right shall be filed.
  3. The application shall state that the applicant is in possession of the invention and give the name of the owner claiming to be the true and first inventor and where the person so claiming is not the applicant the application shall contain a declaration that the applicant believes the person so named to be the true and first owner.
  4. Every such application is to be accompanied by a provisional or complete specification.
  5. Where the application is accompanied by a provisional specification, a complete specification should be filed within twelve months from the date of filing the application. If this is not done the application shall be deemed to be abandoned.
  6. The complete specification should fully describe the invention and the method by which it is to be carried out. It should disclose the best method of performing the invention known to the applicant and end with a claim or claims defining the scope of the invention for which protection is claimed.

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