Mention of explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
An inventor has a right to be named in the patent, whatever the ownership. Paragraph 18.05 of the Manual sets out how the Controller deals with a request or claim to be mentioned as inventor under section 28. This article follows that paragraph, explains the practice step by step, and notes the certificate of inventorship that the 2024 rules added after the Manual was issued.
The Manual is the Patent Office's guidance and does not have the force of law; the Patents Act, 1970 and the Patents Rules, 2003 as now in force prevail. The Office revises its manuals, so check the current version on ipindia.gov.in.
The Controller mentions a person as inventor in the complete specification and the register if satisfied that he is the inventor of the invention or a substantial part of it and that the application is a direct consequence of that. A request or claim must be made before grant, with a statement of circumstances. Mention confers or takes away no rights under the patent. The certificate of inventorship under rule 70A is not in the Manual and is covered by the rule post.
What paragraph 18.05 requires
The legal text is in sections 26 to 28 and rules 66 to 70. The Manual's account of the working of section 28 can be read as seven points of practice.
- The test. The Controller must be satisfied that the person is the inventor of the invention, or of a substantial part of it, and that the application for the patent is a direct consequence of his being the inventor.
- The result. If so satisfied, the Controller causes the person to be mentioned as inventor in the complete specification and the Register of Patents.
- The statement. Every request or claim carries a statement of the circumstances in which it is made.
- No effect on rights. Mention as inventor does not confer or derogate from any rights under the patent.
- Who asks. A request that a person be mentioned is made by the applicant, or, where the person is not the applicant or one of the applicants, jointly by the applicant and that person. Another person who wants to be mentioned makes a claim.
- When. A request or claim is made before the patent is granted.
- Notice and hearing. On a claim, the Controller gives notice to every applicant who is not the claimant and to others who may be interested, and, if required, hears the claimant and those noticed before deciding.
If an inventor is not named and the application has not yet proceeded to grant, the first step is to correct the position through Form 5; see how to file Form 5, and our patent drafting and filing service can help set the inventorship out correctly from the start.
Removing a wrongly named inventor
The Manual also deals with the reverse position. Where a person has been mentioned as inventor, anyone who says he ought not to have been may apply at any time to the Controller for a certificate to that effect. The Controller may, after hearing those he considers interested if required, issue the certificate and then rectify the specification and the register. The practical lesson is that the mention is not final: it can be corrected on application, so applicants should keep invention records that support the names they declare.
How the claim is heard
The Manual says the procedure in the opposition rules applies to the hearing of a claim or application under section 28: notice of opposition, written statement, reply statement, evidence, hearing and costs, except the Opposition Board steps. In that procedure, a reference to the patentee is read as a reference to the person making the claim or application. In plain terms, a contested inventorship claim runs like a small opposition: the claimant states the facts and evidence, the applicant answers, and the Controller hears both.
The form of the mention
The Manual prescribes the words in which the mention is made in the relevant documents: a statement that the person is the inventor of the invention, or of a substantial part of it, within the meaning of section 28, followed by the name and address. The Controller therefore does not simply add a name to a list; the mention follows a fixed form in the specification and in the register.
What has changed: the certificate of inventorship
Rule 70A was inserted by the Patents (Amendment) Rules, 2024 and is not mentioned in the Manual. In short, an inventor may ask the Controller for a certificate of inventorship for a patent in force, on a form with the First Schedule fee. This is separate from the mention in the patent documents. The rule's text, the form and the fee head are in rule 70A; the Act and Rules as now in force prevail over the Manual's silence.
Checklist table
| Question | What the Controller looks at | What you file |
|---|---|---|
| Is the person the inventor or of a substantial part? | The facts in the statement and any evidence | A statement of the circumstances, with documents |
| Is the application a direct consequence of the inventorship? | The link between the contribution and the application | A short account of the contribution and its date |
| Is the request in time? | Whether grant has been ordered | A request or claim before grant |
| Is the claimant an applicant? | Joint request if not | Applicant and person together; otherwise a claim |
| Is anyone else affected? | Notice to other applicants and interested persons | Copies for service; readiness for a hearing |
| Is the person wrongly named? | An application to remove, on hearing | An application with evidence at any time |
A worked example
Quill Robotics Pvt Ltd files an application naming two engineers as inventors. A third engineer, Anita Rao, who designed the gripper mechanism that forms a substantial part of claim 1, is not named. Before grant she makes a claim with a statement of circumstances and her design notes. The Controller gives notice to Quill, hears both sides on the evidence, accepts that she contributed a substantial part, and directs that she be mentioned in the specification and the register in the prescribed form. The mention does not make her an owner of the patent.
Common lapses
- Leaving a contributor out of Form 5 and trying to fix it after grant, when the request must come before grant.
- A claim with no statement of circumstances.
- Confusing mention as inventor with ownership or with the right to share in the patent.
- Not serving notice on other applicants, or not being ready for a hearing.
- Assuming that a certificate of inventorship under rule 70A is the same as the mention.
Need help with inventorship?
Getting the names right at filing avoids contested claims later. If you want inventorship set out, supported by records, and filed correctly, see our patent drafting and filing service.
Key takeaways
- The Controller mentions a person as inventor in the specification and the register on satisfaction of the section 28 test.
- A request or claim is made before grant, with a statement of circumstances.
- Mention confers and takes away no rights under the patent.
- A wrongly named person can be removed on application and hearing.
- Rule 70A's certificate of inventorship came in 2024 and is outside the Manual.
Read next
- Chapter 18: Controller's powers, costs and review
- Chapter 3: who may apply and substitution of applicants
- Rule 70A: certificate of inventorship
- How to file Form 5: declaration of inventorship
Disclaimer: Based on the manuals and guidelines published by the Office of the Controller General of Patents, Designs and Trade Marks that are named in the article, as consulted on 4 October 2026. They are guidance and do not have the force of law; the Patents Act, 1970 and the Patents Rules, 2003 as amended (including the 2024 amendment rules) prevail, and the current versions on ipindia.gov.in should be checked. This article is general information, not legal advice; check the official text before acting.