Patent Assignment —
Transfer Ownership With
Legal Certainty
A patent is a property right — it can be sold, transferred, and assigned just like any other asset. Patent assignment involves transferring the ownership of a patent or patent application from an assignor to an assignee. Without a properly drafted assignment deed and registration with the Indian Patent Office, the assignment is void against a third party. TaxClue drafts the deed, handles stamp duty, and registers the assignment on Form 6.
Register Patent Assignment
Deed drafted & IPO filing within ✅ 5–7 working days
3 Types of Patent Assignment in India
Indian patent law recognises different types of assignments — each with distinct legal implications for what rights are transferred and what obligations remain.
Under Section 68 of the Patents Act, 1970, an assignment of a patent shall not be valid unless it is in writing and is signed by or on behalf of the parties to the instrument. TaxClue drafts assignment deeds that are legally watertight and accepted by the IPO without objection.
An Unregistered Assignment Is Void Against Third Parties
Under Section 69, the assignee must apply to the Controller to have the assignment registered in the Register of Patents. An unregistered assignment is not enforceable against a subsequent purchaser or mortgagee for valuable consideration. Registration is not optional — without it, the assignee cannot enforce the patent against infringers.
3 Types — Each With Different Legal Implications
Complete Assignment
All patent rights transferred absolutely to the assignee. Assignor retains no rights — not even the right to use the patented invention. Most common in M&A, startup IP vesting, and outright patent sales. Must be in writing — oral assignment void under Section 68.
Partial Assignment
Specific rights, territories, or shares transferred — assignor retains the rest. Territorial partial assignment: rights for specific states or regions only. Field-of-use partial: rights to use in specified industries only. Fractional share: e.g., 50% undivided share — creates co-ownership.
Application Assignment
Transfer of a pending patent application before it is granted. Assignee steps into the shoes of the applicant and continues prosecution. Particularly common in startup financing where IP is assigned to the company entity. Must be registered with the IPO — unregistered application assignment not enforceable.
From Agreement to IPO Register — 6 Steps
From commercial agreement to IPO register — TaxClue handles every step of the assignment process.
Scope & Terms Finalised
TaxClue discusses the scope — complete or partial, consideration, warranties, territorial scope, and any back-licence to the assignor.
Assignment Deed Drafted
Deed prepared by TaxClue — all required clauses, parties, patent details, scope, consideration, and representations. Shared with both parties for review and approval.
Stamp Duty Paid
Stamp duty calculated for the relevant state. Deed stamped physically or via e-stamping depending on state. Unstamped deeds are inadmissible as evidence in Indian courts.
Deed Executed
Both assignor and assignee sign the stamped deed before two witnesses. If a foreign party is involved, deed notarised and apostilled as required for IPO acceptance.
Form 6 Filed with IPO
Form 6 (Application for Registration of Assignment / Transmission) filed on IPO e-filing portal with a certified copy of the assignment deed. Govt. fee paid per applicant category.
IPO Register Updated
IPO examines Form 6 and the deed. If satisfied, records the assignment in the Register of Patents. Assignee's name appears as owner. Certificate of assignment registration issued.
Documents Needed for Registration
Parties — Full Legal Names
Assignor and assignee (individual / company / LLP).
Patent Details
Application/patent number, title, filing date, grant date (if granted), IPC classification.
Scope of Assignment
Complete or partial — territories, fields of use transferred.
Consideration
Monetary amount, equity, royalty arrangement, or nominal — must be stated.
Representations & Warranties
Assignor warrants title, no prior encumbrances, no pending revocation.
Governing Law & Execution
Indian law governs. Signed before two witnesses. Notarised if foreign party.
Government Fees — Form 6 Patent Assignment Registration
Form 6 fee is the same for both application assignments and granted patent assignments. E-filing attracts a 10% discount.
| Applicant Category | Form 6 Fee (Physical) | Form 6 Fee (E-Filing) |
|---|---|---|
| Individual / Startup | ₹1,600 | ₹1,440 |
| Small Entity / MSME | ₹4,000 | ₹3,600 |
| Large Entity / Company | ₹8,000 | ₹7,200 |
| Educational Institution | ₹1,600 | ₹1,440 |
* Government fee is per patent / application. If assigning multiple patents, Form 6 is filed separately for each. Stamp duty is payable additionally per state — TaxClue calculates the exact amount before the deed is prepared.
Key Facts
Why Choose TaxClue?
End-to-End
Deed → stamp → execute → Form 6 → IPO register.
Stamp Duty Expertise
State-wise calculation, no surprises.
Foreign Assignees
Notarisation & apostille coordinated.
M&A Bulk Transfers
Multiple patents handled efficiently.
All Assignment Types
Complete, partial, application, employer–inventor.
4.9/5 · Patent Agents
Registered with IPO.
Frequently Asked Questions
Patent Assignment Requires More Than a Signature — It Requires Registration
An assignment deed without IPO registration leaves the assignee exposed — unenforceable against third parties, inadmissible in court, and vulnerable to loss of priority. TaxClue handles every step from deed drafting to the IPO register update, ensuring the assignee gets undisputed, registered ownership.
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