Proof Of Right Requirement In Patent

The purpose of claiming the inventor permits is to safeguard the inventor's work and guarantee that no application is made without violating their rights. The 'proof of right' is generally in the form of the initial assignment, under which the assignee claims their right to make the application. This document serves as Proof for the Controller to decide the right of the assignee to apply.

What is Proof of rights?

Under section 7(2) of the Patents Act and the provisions under Rule 10 of the Patent Rules, when an assignee of the true inventor, i.e., a person other than the true inventor, applies for a patent in India, the assignee must present a 'proof of right.' One shall obtain Proof of rights within six months from the date of application. Only the true first inventor and the patent owner can file for the application for Proof of rights.

Furthermore, section 68 of the Patents Act states that the application must be in writing and reduced to a document embodying all the terms and conditions administering the rights and obligations.

What documents can be considered Proof of rights?

Documents that are considered Proof of rights requirements in patents are:

  1. Form 1: It is a declaration signed by the inventor to announce that the details in the form are the true and first inventor or the patent applicant is their assignee.

  2. The original agreement between the inventor and their assignee: If the original agreement is not available, alternatively, a photocopy of such deed of assignment notarized can be submitted as Proof of right. The deed of assignment should be a global assignment deed incorporating the most recent filed application and future applications obtained from the earliest application.

  3. A notarized copy of the employee document of assignee: A much-used certificate in this section is an employment agreement with the inventor. The assignee is the employer, and the inventor is the employee.

  4. PCT national phase applications: When the assignee and inventor are in the national phase, India credentials are the same as those in the application made under the Patent Cooperation Treaty (PCT). However, there is exemption awarded to the designated office if it honestly questions the integrity of the declaration concerned.

What is the legal validity of the Proof of rights?

As per the provisions under section 68 of the Patents Act, to verify the validity of an assignment, it must be in a written format specifying the terms and requirements of the assignment.

For the 'Proof of Rights' certificate or any authorisation report to be valid under Indian Patent Law, it is recommended that it must be notarized to execute. However, if duplicate copies are issued in India for various matters, the copy should be notarized.

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