During my practice as a patent agent, I often come across queries like “I built this, so I own it, right?” or “But we filed it in the company’s name, so doesn’t that mean the company is the inventor?”
The mix-up is common and, honestly, understandable. Patents aren’t exactly written in everyday English. But here’s the catch: getting it wrong isn’t harmless. It can come back years later in the form of an opposition or even a revoked patent. The law in India actually spells it out quite clearly, but the differences between inventor, applicant, and assignee keep tripping people up. Let’s try to unpack this without the heavy jargon.
The Inventor - the human mind behind the idea
Section 2(1)(y) of the Indian Patents Act uses the phrase “true and first inventor”. In plain talk, that means the actual human being (not a company, not a lab, not a university) who came up with the invention. Only a natural person can be called the inventor.
Being an inventor, though, doesn’t make you the owner of the patent automatically. What it does give you is the right to be named in the application (Section 28). Think of it like writing a book, you’ll always be the author, but the publisher might control the rights depending on what you signed. Same with patents.
The Applicant - the one who files, not always the one who invented
Section 6 says the application can be filed by the inventor, the assignee, or a legal representative. So the person filing the patent isn’t always the inventor. If the applicant isn’t the inventor, they need a “proof of right” under Section 7(2).
In practice, this is usually an assignment deed or endorsement attached to Form 1. You have six months to submit it (with a one-month extension possible). Miss this step, and your application is shaky. Universities and startups often forget this: students invent something, the institution rushes to file in its name, but forgets the paperwork. Months later, they’re scrambling.
The Assignee - the legal owner after transfer
An assignee (Section 2(1)(ab)) is anyone who has received rights from the inventor. Could be an individual, could be a company. Assignments must be written (Section 68) and registered with the Controller (Section 69).
Skip registration, and your deed might not even be accepted in court. Imagine building a business around a patent and then losing enforcement rights because you didn’t file a simple form. Yes, it happens.
The Patentee - the final name on the register
When the patent is finally granted, the person or entity listed on the patent register becomes the patentee. That’s the person who can sue, license, or stop others from using the invention. By then, the inventor’s name is just a credit; the patentee holds the actual power.
Why all this matters: some real cases
Take the Gharda Chemicals case. Here, patents were filed in the name of the Managing Director. The company later argued the patents belonged to them since the MD invented them while employed there. The court didn’t agree - no assignment, no rights.
In the NTT DoCoMo case, the Japanese telecom filed in India but didn’t file proper proof of right. The Controller refused. IPAB upheld it. A paperwork miss, and the whole filing fell apart.
Then there’s Dow Agrosciences, where IPAB allowed a PCT declaration to stand in as proof of right. That eased things for big companies, but the core rule stayed the same: no proof of right, no valid claim.
And the Dr. Aloys Wobben v. Yogesh Mehra (Supreme Court) decision- only the registered patentee can enforce rights. If your name isn’t on the register, forget enforcement.
Where people usually go wrong
Startups: two founders invent together, but the company files the patent. Unless both inventors assign their rights to the company, legally the inventors still own it. That can blow up later in investor due diligence.
Universities: students invent under a professor’s guidance. The university files the patent in its name, assuming ownership. Unless the student signed an assignment, the rights are still with the student.
Employees: unless your contract clearly says inventions made during employment belong to the company, the default rule is that the employee owns them. That’s why employment contracts often have those “hereby assign” clauses.
Collaborations: multiple institutions working together often avoid the hard talk about who will own the patent. Without assignments, it becomes a mess later.
Opposition and revocation risks
Sections 25 and 64 allow challenges if patents are filed wrongfully. If you file as an applicant without being the inventor or without assignment rights, the true inventor can oppose it. And trust me, people do. Losing a patent at this stage after years of work can be devastating.
The bottom line
The inventor is always the human brain behind the idea. The applicant is the one who files, and the assignee is the one who owns after rights are transferred. The patentee is the final legal holder. Mix them up and you risk your patent collapsing.
For students, entrepreneurs, and professors, the lesson is simple: don’t assume “inventor = owner”. The law doesn’t work that way. Get the paperwork right early: assignments, proof of right, registration. It’s boring, yes, but it’s what keeps your invention safe and enforceable.
