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Record of Assignment of Patent in India

A patent is a personal property which can be sold or transferred or bequeathed by will. Indian Patent law provides for the transfer or sale of a patent by written agreement called assignment. The assignee, when the patent is assigned to him becomes the owner of the patent and has the same rights as that of the original patent holder.

The Indian Patent Office records assignments and similar instruments sent to it for recording, and the recording serves as notice. The prescribed form is Form 6. The governmental fee for individual is Rs.500 (US$ 13) while that of company is Rs.2000 (US$ 50).

There is no prescribed format for assignment. A written document stating the patent number and date, name of patentee and title of the invention as well as mentioning the transfer will suffice. In the case of patent application the document should identify the application by its number and filing date, the name of the applicant and title of the invention. In certain cases, assignment of an application is executed before it has been filed in the Patent Office. Such assignment should sufficiently identify the application by name of the inventor and title of the invention.

If an application has been assigned and the assignment is recorded, on or before the date of grant, the patent will be issued to the assignee as owner.

Patents may be owned jointly by two or more persons as in the case of a patent granted to joint inventors. The owner of a patent can grant license to others. Since the patentee has the right to exclude others from making, using, offering for sale or selling or importing the invention, no one else may do any of these things without his authorization. A patent licensing agreement is basically nothing more than a undertaking by the licensor not to claim the licensee. As in the case of assignment, no particular form of license is also prescribed, a license is a written contract and may contain whatever conditions the parties agree upon including the payment of royalty.

P.M.George Kutty , Attorney at Law of