Patents Act, 1964

Application for patent.

7.—(1) An application for a patent shall be made in the prescribed form and shall be filed at the Office in the prescribed manner.

(2) If the application (not being a convention application) is made by virtue of an assignment of a right to apply for a patent, there shall be furnished with the application or within such period after the filing of the application as may be prescribed a declaration signed by the person claiming to be the true and first inventor or by the personal representative of such person stating that he assents to the making of the application.

(3) An application (other than a convention application) shall state that the applicant is in possession of the invention and shall name the 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 him to be the true and first inventor.

(4) A convention application shall specify the date on which and the convention country in which the application for protection for the invention to which the convention application relates, or the first application for protection was made, and shall state that no application for protection has been made in a convention country in respect of that invention before that date by the applicant or any person from whom he derives title.

(5) Where applications for protection have been made in one or more convention countries in respect of two or more inventions that are cognate or of which one is a modification of another, a single convention application may, subject to the provisions of section 9 of this Act, be made in respect of those inventions at any time within the period prescribed under subsection (3) of section 6 of this Act commencing on the date of the first of the said applications for protection:

Provided that the fee payable on the making of any such application shall be the same as if separate applications had been made in respect of each of the said inventions, and the requirements of the last foregoing subsection shall in the case of any such application apply separately to the applications for protection in respect of each of the said inventions.

(6) Without prejudice to the provisions of subsection (4) of this section, every application for a patent shall give such information as may be prescribed.