Inventor has been given a special emphasis and privileges in patent law. This makes it important for the right person to be called as inventor to file patent application. That’s why the term True and first inventor has been used in the act. True and first inventor, under section 2 of Indian Patents Act 1970 is a person who invents an invention for the first time himself and is an inventor in real sense.
“True and first inventor” does not include either the first importer of an invention into India, or a person to whom an invention is first communicated from outside India.
In V.B. Mohd Ibrahim v. Alfred Schafrank, it was held that a person, such as a financial partner, who has not contributed any skill or technical knowledge towards the invention cannot be said to have any capacity to invent, and hence cannot be said to be the inventor.
Section 6 [Persons entitled to apply for patents] describes the persons who can apply for a patent. An application for a patent may be made by any of the following persons:
(a) By any person claiming to be the true and first inventor of the invention. However, “true and first inventor” does not include either the first importer of an invention into India, or a person to whom an invention is first communicated from outside India. The person shall in true sense be the first and true inventor and shall get credit for the invention; hence the patent shall be filed by him.
(b) By assignee of the person claiming to be the true and first inventor in respect of the right to make such an application. The assignee can further assign invention to any other party and after such assignment such other party becomes assignee. Such assignee can also file the patent application [Section 2 (1)(ab)].
(c) By the legal representative of any deceased person who immediately before his death was entitled to make such an application. Legal representative means a person who in law represents the estate of a deceased person [Section 2 (1)(k)]. In case the application is filed by the legal representative of a deceased person, death certificate along with other appropriate legal instruments as proof of right shall be filed along with the application.
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