Key terms Patent Act Term#12:True and First Inventor

1. Term #12
True & First Inventor
U/S 2
Key Terms of Indian Patents Act
Ms Bindu Sharma, Founder & CEOSpeaker
Indian Patents Act 1970

2. True & First Inventor
True and first inventor is a person
who invents an invention for the
first time himself and is an inventor
in real sense.

3. U/S 2 [Definitions and
interpretation]
“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.

5. True & First
Inventor
A person assisting the
inventor with development
of invention can not be called
as inventor.

6. Illustration
• In V.B. Mohd Ibrahim v. Alfred
Schafrank, it was held that a
person, such as a financial partner,
who has not contributed any skill
or technical knowledge towards
the invention cannot be said to
have any capacity to invent, and
hence cannot be said to be the
inventor.

7. U/S 6 [Persons entitled to
apply for patents]
An application for a patent may be made by
any of the following persons:
• By any person claiming to be the true and
first inventor of the invention.
• By assignee of the person claiming to be the
true and first inventor in respect of the
right to make such an application.
• By the legal representative of any deceased
person who immediately before his death
was entitled to make such an application.

8. U/S 7 [Form of application]
• Every application for patent shall state that
the applicant is in possession of the
invention and shall name the person
claiming to be the True and first inventor;
• Where the person so claiming is not the
applicant or one of the applicants, the
application shall contain a declaration that
the applicant believes the person so named
to be the true and first inventor.

9. U/S 31 [Anticipation by
public display, etc]
An invention claimed in a complete
specification shall not be deemed to have
been anticipated if the invention has been
displayed or used with the consent of the
True and first inventor at an industrial or
other exhibition to which the provisions of
this section have been extended by the
Central Government by notification in the
Official Gazette.

10. Declaration as to
inventor-ship
A statement to be given
by the inventor on Form 5
to confirm that he/she is
True and First inventor of
the invention, disclosed in
complete specification.

12. Question
Which of the following can be termed as
true and first inventor?
a. The first importer of the invention to India
b. The person who invents the invention for
the first time
c. The person to whom the invention is sold
for the first time
d. A person to whom an invention is first
communicated from outside India

13. info@origiin.com | 91 98456 93459
www.origiin.com
Subscribe to our Origiin IP Solutions LLPChannel
Copyright © 2020 Origiin IP Solutions LLP. All Rights reserved