Section 6 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.
Section 6 answers a basic question: who is allowed to file a patent application? Three kinds of person can: the person claiming to be the true and first inventor, that person's assignee, and the legal representative of a deceased person who could have applied. They may apply alone or jointly. The section is short, but a wrong applicant is a common reason an application runs into trouble later, so it is worth getting right before patent drafting and filing begins.
Under section 6(1) an application for a patent may be made by (a) any person claiming to be the true and first inventor, (b) the assignee of that person in respect of the right to make the application, or (c) the legal representative of a deceased person who was entitled to apply immediately before his death. Under section 6(2) any of them may apply alone or jointly with any other person. The section is subject to section 134.
A note on section 5
Section 5 ("Inventions where only methods or processes of manufacture patentable") appears in the printed Act only as an entry saying it was omitted by the Patents (Amendment) Act, 2005 (15 of 2005), section 4, with effect from 1-1-2005. So there is no section 5 to read today, and section 6 follows section 4 directly.
Section 6(1): the three kinds of applicant
The opening words are: "Subject to the provisions contained in section 134, an application for a patent for an invention may be made by any of the following persons, that is to say,—". The phrase "subject to section 134" means that section 134 can limit the right to apply. Section 134 deals with countries without reciprocity and we cover it in its own article in this series, so we do not describe its effect here.
| Clause | Who | Text |
|---|---|---|
| (a) | The inventor | "any person claiming to be the true and first inventor of the invention" |
| (b) | The inventor's assignee | "any person being the assignee of the person claiming to be the true and first inventor in respect of the right to make such an application" |
| (c) | A deceased applicant's representative | "the legal representative of any deceased person who immediately before his death was entitled to make such an application" |
Clause (a): the true and first inventor
The test is "claiming to be". The applicant need only claim to be the true and first inventor; the section does not require proof at this stage. But the claim must be one the Act can accept. Section 2(1)(y) says the "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". So a person who simply brings a foreign invention into India, or hears of it from someone abroad, cannot rely on clause (a). Our article on section 2 definitions (Part 2) covers that clause.
The word "person" includes the Government (section 2(1)(s)). So the Government, as well as an individual or a company, can be an applicant, provided it fits one of the three clauses.
Clause (b): the assignee
An assignee can apply only if the inventor has assigned "the right to make such an application". The assignment is of the right to apply, not necessarily of a granted patent, since none exists yet. "Assignee" in this Act "includes an assignee of the assignee" (section 2(1)(ab)), so a chain of assignments is allowed.
If the application is made by virtue of an assignment, section 7(2) requires the applicant to furnish proof of the right to make the application, either with the application or within such period as may be prescribed afterwards. We cover that in the article on section 7.
Example. Priya Nair, a researcher, develops a fictional low-power sensor. Her employer, Orbit Sensors Pvt Ltd, takes an assignment of her right to apply for a patent. Orbit Sensors can then file as the assignee under clause (b), and the application will name Priya as the person claiming to be the true and first inventor (section 7(3)).
Clause (c): the legal representative of a deceased person
The clause covers "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)). The deceased need not have been the inventor: a deceased assignee entitled to apply is covered by the same words.
Example. Mr Arvind Rao develops a fictional hand-cranked water filter and dies before filing. His son, who in law represents his estate, may apply as his legal representative.
Section 6(2): alone or jointly
"An application under sub-section (1) may be made by any of the persons referred to therein either alone or jointly with any other person."
Points to note:
- Joint applicants may come from different clauses. An inventor (clause (a)) can apply jointly with an assignee of a co-inventor (clause (b)).
- "Any other person". The words are wide. The text does not require every joint applicant to be an inventor or an assignee, though the sub-section speaks of "persons referred to therein" applying jointly "with any other person".
- Naming the inventor. Section 7(3) requires the application to name the person claiming to be the true and first inventor, with a declaration where that person is not the applicant or one of the applicants. See our article on section 7.
Example. Ananya and Tarun co-develop a fictional smart irrigation valve in a university lab. They apply jointly as the true and first inventors. If Tarun had already assigned his right to a company, Ananya and the company could apply jointly, one under clause (a), one under clause (b).
What section 6 does not say
- It does not state who owns a patent after grant. The patentee is the person entered on the register (section 2(1)(p)).
- It does not say how to prove assignment. Section 7(2) deals with proof.
- It does not set any form, fee or time limit. Those are "as prescribed" under the Patents Rules, 2003, and we give none.
- It says nothing about foreign nationals other than the cross-reference to section 134.
- It does not say what happens if an application is filed by someone not within clauses (a) to (c); the Act deals with wrong applicants and wrongly obtained patents in other sections, which we cover in this series.
Practical checklist before filing
- Identify the true and first inventor or inventors. Not the financier, not the importer, not the person who merely told you about the idea.
- Check any assignment. Is there a written assignment of the right to apply? If yes, the assignee may be the applicant.
- Decide who applies. Inventor alone, assignee alone, or jointly.
- Prepare the proof of right for the assignee case, to be furnished with the application or within the prescribed period.
- Use the right form. Our guide to filing the patent application form walks through it; the Act itself says only "the prescribed form".
Need help with ...?
Choosing the right applicant, especially where employees, co-developers or a deceased inventor's estate are involved, is better settled before filing than after. Our team can help with patent drafting and filing, including the applicant and inventor statements.
Key takeaways
- Three kinds of person can apply: the true and first inventor, that person's assignee, and the legal representative of a deceased person entitled to apply.
- Applications may be made alone or jointly with any other person.
- The right is subject to section 134.
- A first importer, or a person told of the invention from abroad, is not a true and first inventor.
- Section 5 is omitted and no longer exists.
Read next
- Section 7: form of application
- Section 8: information and undertaking on foreign applications
- Section 2 definitions (Part 2): patentee, assignee and more
- How to file a patent application
Disclaimer: Based on the Patents Act, 1970 as amended up to the Jan Vishwas (Amendment of Provisions) Act, 2023, as consulted on 1 October 2026. Forms, fees and time limits under the Patents Rules, 2003 change from time to time and are not covered here. This article is general information, not legal advice; check the official text before acting.