Section 6 of Patent Act 1970, explains who can apply for a patent in India. It answers important questions like Who is the "true and first inventor"? How do assignees or legal representatives qualify? Can multiple people apply together? This section protects inventors' rights and ensures patent applications are filed correctly. It connects to other parts of the Act, like Section 7, which covers application forms, and Section 134, which deals with foreign applicants. Understanding Section 6 helps lawyers and inventors file applications properly and avoid rejections due to eligibility issues. This article breaks down Section 6 of Patent Act into its parts, procedures, and judgements.
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What is Section 6 of Patent Act?
Section 6 of Patent Act creates a clear system to make sure only the right people apply for patents. It has two sub-sections that explain who can apply for a patent and how joint applications work. Let’s look at each part clearly.
Sub-Section (1): Who Can Apply for a Patent
This sub-section lists three types of people who can apply for a patent, keeping in mind Section 134 for foreign applications.
Clause (a): The True and First Inventor
Clause (a) says the "true and first inventor" of an invention can apply for a patent. Section 2(1)(y) of the Act defines this as someone who created the invention themselves, not someone who just brought it to India or learned about it from someone abroad. This rule focuses on originality and the person’s own creative work in making the invention.
Lawyers should tell clients to keep clear records, like lab notes or prototypes, to prove they are the true inventor. In group projects, disputes can happen because only those who made significant contributions qualify as inventors.
Clause (b): The Assignee of the Inventor
Clause (b) allows the assignee of the true and first inventor to apply. An assignee is someone who gets the right to apply for the patent from the inventor, usually through a written agreement. This is important for companies where employees invent things, and the company owns the invention through work contracts or assignment documents.
The assignment must follow Section 68, which says it needs to be written and sometimes registered. If the assignee can’t prove the assignment, the application might be rejected. This shows how Section 6 works with other rules in the Act.
Clause (c): The Legal Representative of a Deceased Person
Clause (c) lets the legal representative of a deceased person who was eligible under Clause (a) or (b) apply for a patent. This ensures the invention can still be protected if the inventor or assignee dies. Legal representatives, like executors or heirs, must show proof, such as a will or succession certificate.
This rule shows the Act cares about protecting inventions even after someone passes away.
Sub-Section (2): Rules for Joint Applications
Sub-section (2) says applications under Sub-section (1) can be made alone or with others. This allows co-inventors or an inventor and assignee to apply together. Joint applications need all parties to agree and provide clear statements, ensuring everyone is honest about their role.
This rule is helpful for collaborations, like between universities and companies, but parties must have clear agreements to avoid arguments over who owns the patent.
Read about the role of Patent in Intellectual Property Rights.
Procedural Requirements Linked to Section 6 of Patent Act: Proof of Right
Section 6 of Patent Act explains who can apply, but it works with Section 7 and other rules to make sure applications are proper. Section 7 says applications must include a form with a statement about who the inventor is. For assignees, Rule 10 of the Patents Rules, 2003, says they must provide "proof of right" with the application or within six months, which can be extended by one month under Rule 138.
Proof of right can be a statement in Form 1 from the inventor confirming the assignee, an original or notarized assignment document, or, for international applications (PCT national phase), a Rule 4.17(ii) statement. Employment contracts where the employer owns the employee’s work also count.
If these rules aren’t followed, the application might be rejected under Section 15, or the patent could be canceled after it’s granted. For foreign applications, certified copies from foreign patent offices may be accepted. These requirements ensure Section 6 is followed correctly and prevent false claims.
Know about the Rights and Limitations of Patent Law.
Judicial Interpretations and Judgements
Courts have explained Section 6 through various decisions, helping clarify who qualifies as an inventor or assignee. These judgements balance strict rules with practical needs, helping lawyers draft proper documents to meet Section 6 requirements.
In V.B. Mohd Ibrahim v. Alfred Schafrank, the court said a person who only provides money but not technical ideas cannot be an inventor. This shows that Clause (a) requires real creative work, not just financial support.
In Shining Industries v. Sri. Krishna Industries, the court said an inventor or employee can give their rights to a company, allowing the company to apply under Clause (b). The court emphasized that the transfer must follow Section 68 rules.
In Sethi Construction Company v. CMD, NTPC, the court explained that an assignment fully transfers rights to the assignee, giving them the same rights as the inventor under Clause (b).
A recent important case is NEC Corporation v. Asst. Controller of Patents and Designs (2023) where the court overturned a rejection because the Controller confused the date of the inventor’s statement with the assignment date. The court said assignments could happen before the statement and confirmed that assignees have six months under Rule 10 to show proof of right. The case was sent back for a fair review, showing flexibility in following rules.
Another case, DOW AGROSCIENCES LLC v. The Controller of Patents, said PCT statements are enough proof for international applications, making it easier to file under Section 6.
Summary
Section 6 of Patent Act, 1970, is a key rule that decides who can apply for patents in India. It allows inventors, assignees, legal representatives, and joint applicants to file, creating a fair and organized system. Through links to other rules and court decisions, it meets modern needs, making it essential for anyone involved in patents. As India grows in technology, understanding Section 6 will be crucial for successful patent strategies.
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Section 6 of Patent Act: FAQs
Q1. What is Section 6 of the IPR?
Section 6 of the Indian Patents Act allows anyone to file a patent application, whether they are the true inventor or not, as long as they have the right to apply.
Q2. What is Section 7 of the Indian Patent Act?
Section 7 requires every patent application to be accompanied by a provisional or complete specification for the invention.
Q3. What is condonation of delay in patent application?
Condonation of delay allows applicants to request an extension for missed deadlines in patent applications, subject to authorities' approval.
Q4. What is patent class 6?
Patent class 6 doesn’t exist in the Indian Patent Act; patent classifications are based on international systems like IPC, not numbered classes.
Q5. What is Section 8 of the Indian Patent Act?
Section 8 mandates applicants to disclose details of any foreign patent applications related to the same invention.
