Manual 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.
Before an examiner looks at the invention, the Office checks who is applying, whether that person has a right to apply, which of its four offices should hear the case and what kind of application it is. Chapter 3 of the Manual (paragraphs 03.01 to 03.03) answers those questions in practical terms.
Only the true and first inventor, that inventor's assignee or the legal representative of a deceased inventor may apply. Where the applicant is not the inventor, proof of right must reach the Office within the period the Manual gives. A change of applicant before grant goes through Form 6. The office that hears the case is fixed by the applicant's place, the origin of the invention or the address for service. 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. For the manual as a whole, see our overview of the 2019 Manual.
Who the Manual treats as an applicant (03.01)
The Manual lists three kinds of applicant, alone or jointly with others: the true and first inventor, the inventor's assignee, and the legal representative of a deceased inventor or assignee. The statutory rule is in section 6; our post on section 6 covers it, so this article stays with the Office's handling.
The Manual adds several practical points:
- "Person" includes the Government, and an assignee can be a natural person or a legal person such as a company, small entity, start-up, research organisation, educational institute or the Government. An assignee of an assignee also counts.
- The true and first inventor does not include the first importer of an invention into India or a person to whom the invention was first communicated from outside India.
- The applicant must disclose the name, address and nationality of each true and first inventor.
- "Natural person" means an individual or a group of individuals; "other than natural person" covers companies, small entities, start-ups, research organisations, educational institutes and the Government. This split matters because the fee scale depends on the category.
- A "legal representative" is a person who in law represents the estate of the deceased, and must file appropriate legal instruments as proof of right.
Proof of right
Where the inventors are not the applicants, the Manual requires proof of the right to apply. It can be an endorsement in the relevant paragraph of Form 1 or an authenticated assignment from the inventors to the applicants. It applies whether the application is a convention or a national phase application, and the Manual says it is to be filed within six months of the Indian filing date. The rule post on proof of right under rules 10 and 11 is the authority for the period.
Practical point: a company applicant whose employees invented should not wait for the Office to ask. File the assignment or the Form 1 endorsement at the start, naming every inventor, so the examiner never has a reason to hold the file. A patent drafting and filing review usually catches this gap before filing.
Substituting or adding applicants (03.01.01)
The Manual describes what the Controller does when someone other than the applicant claims the right to proceed, or when joint applicants disagree. This is covered statutorily by section 20 and rules 34 to 37; see substitution of applicants. In practice the Office works as follows.
| Situation | What the Controller needs | Form |
|---|---|---|
| Assignee or claimant by agreement or operation of law wants to proceed | A claim before grant, with the original assignment or an official or notarised copy for inspection | Form 6 |
| One of several joint applicants assigns | The consent of the other joint applicants | Form 6 |
| An assignment is relied on | The invention identified by application number, or an assignment produced by the person to whom it was made showing it relates to the invention, or a court decision, or a decision after hearing the parties | Form 6 |
| A joint applicant dies | A request by the survivors, the consent of the legal representative, proof of death and probate, letters of administration or equivalent | Form 6 |
| Joint applicants dispute how to proceed | An application with a statement of facts and the directions sought, in duplicate; a copy goes to the other applicants and a hearing follows | Form 6 |
The point to note is the identification of the invention. An assignment that speaks only of "all my inventions" or does not refer to the application will not satisfy the Controller unless one of the other routes is available.
Where the fee scale differs between the old and new applicant (for example a natural person transferring to a company), the Manual says the difference for earlier proceedings is paid with the transfer request. The amounts come from the First Schedule as now in force.
Which office hears the case (03.02)
The Office works from four locations: Delhi, Mumbai, Kolkata and Chennai. The Manual says the appropriate office depends on any of these:
- the place of residence, domicile or business of the applicant (the first-named applicant if joint);
- the place from where the invention actually originated;
- for a foreign applicant with no place of business or domicile in India, the address for service in India; and
- for a further (divisional) application under section 16, the appropriate office of the first application.
The Manual lists the territorial jurisdiction of each office by State and Union Territory. Check that list in the current Manual before filing, since State boundaries and offices change. The appropriate office is not ordinarily changed after filing, although the Controller may allocate an application to any of the four offices. Every applicant and agent must give an address for service in India including a postal address, an e-mail address and an Indian mobile number, and that address is used for all proceedings. See rules 3 and 4 for the statutory text.
The five types of application (03.03)
| Type | What it is |
|---|---|
| Ordinary | Filed directly in India without claiming foreign priority |
| Convention | Claims priority of a Paris Convention country |
| PCT national phase | The Indian phase of an international application |
| Divisional | A further application divided out of an earlier one |
| Patent of addition | An improvement or modification of an invention already applied for or patented |
Worked example
Meera Kulkarni and Dev Anand Pvt Ltd file a joint application. Meera is the inventor; the company says Meera assigned her share. The Office would ask for proof of right for the company, either as an endorsement in Form 1 or an assignment. If, before grant, the company wants to proceed alone, the agent files Form 6 with Meera's written consent and the assignment identified by application number. Because the address for service is in Pune, the application goes to the Mumbai office if that is also the company's place of business.
Need help with applicant and ownership questions?
If your inventors, assignees and joint applicants are not straightforward, we can sort out the chain of title before the application is filed. Talk to our patent drafting and filing team about the right applicant, the proof of right and the appropriate office.
Key takeaways
- Only the inventor, the inventor's assignee or a deceased inventor's legal representative may apply.
- Proof of right is required when the inventor is not the applicant, as the Manual describes and subject to the rule post.
- Form 6 is the route for substitution, death of a joint applicant and disputes between joint applicants.
- The appropriate office follows the applicant's place, the origin of the invention or the Indian address for service.
- The Act and Rules as now in force prevail over the Manual.
Read next
- Chapter 3: documents required for filing and comprehensive e-filing
- The Patent Office Manual: what Version 3.0 is and what has changed
- Form 1: how to file the application for grant of a patent
- Section 6: persons entitled to apply for patents
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.