When a research team finally cracks a stubborn problem, the very next argument isn’t always about funding or even recognition in the press. More often than you’d think, it’s: “Whose names go on the patent?” I’ve seen that single question turn friendly collaborators into courtroom opponents, and I’ve watched valid patents crumble because someone who contributed to the inventive concept was left off the paperwork. In patent law, getting inventorship wrong isn’t just a procedural misstep - it’s a legal landmine.
The trouble is, in India (and pretty much everywhere else), inventorship isn’t as simple as it sounds. Academia has its own culture, which often adds to the confusion. In research publishing, the order of names—first author, second author, corresponding author—can reflect genuine contribution, seniority, or, sometimes, plain lab politics. Some professors automatically expect their name on every paper from their group.
Patents don’t work like that. There’s no “first inventor” or “second inventor” printed in a hierarchy. All listed inventors are equal in the eyes of the law—whether they’re a Nobel laureate or a first-year PhD. The only question that matters is:
What Does “Inventor” Mean Under Indian Law?
If you comb through the Patents Act, 1970, you won’t find a crisp one-line definition. Instead, it keeps referring to the “true and first inventor” (Section 2(1)(y)). That phrase matters.
In Indian law, and in the way courts have interpreted it, an inventor is a natural person who conceives the inventive concept and contributes intellectually to what ends up in the patent claims. Companies, universities, or departments can own patents, but they can’t “invent”.
The “true and first inventor” might also be the patent’s applicant or owner—but not always. If you’re an employee, your employment contract or Section 6 usually ensures that while you are named as inventor, the rights belong to your employer. If you invent something on your own time without such a contract, you can be both inventor and applicant.
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The Two Questions That Decide Inventorship
When a Controller or legal team is sorting out inventorship, it often boils down to:
Did this person conceive the inventive concept?
Did they add genuine technical insight to what’s claimed?
If both are yes, you have an inventor.
But the path between the “aha” moment and the final working invention is often messy. Maybe a lab tech changes the experimental setup in a way that finally makes the prototype work. Maybe a coder rewrites a key algorithm so the invention actually delivers on its promise. If those changes are part of what’s claimed, they’re inventorship.
By contrast, someone who only followed instructions, ran standard tests, or funded the project is not an inventor. Neither is your patent agent, business manager, or the university itself.
When Academia Makes It Worse
Academic authorship often includes “honorary” names. In patents, that’s dangerous. Adding a non-inventor risks invalidating the patent; omitting a real inventor gives them grounds to challenge ownership or enforcement.
If you’re filing from a university or research institute, don’t just mirror the paper’s author list. Work through who actually contributed to the inventive concept in the claims.
Real-World Examples
Sole Inventor: A chef cracks the method for making a plant-based bacon from a specific mushroom soaked in brine and flash-fried. The concept is entirely hers—sole inventor.
Joint Inventors: A surgeon imagines a wrist-like surgical tool; an engineer designs the gear system to make it possible. Both are inventors.
Not Inventors: The funder, prototype machinist, or hospital—they supported the work but didn’t invent.
True and First Inventor vs. Applicant/Owner
In Indian patent law, these are not interchangeable titles. The true and first inventor is the person—or people—who actually came up with the inventive concept. The applicant is whoever files the patent application and, once it’s granted, holds the legal rights.
Sometimes, both roles belong to the same person. Often, they don’t.
If you’re a corporate researcher, you might be the inventor of a breakthrough, but your company will almost always be the applicant because your employment contract assigns those rights. If you’re an independent innovator working on your own, you can be both inventor and applicant—unless you’ve already signed something that says otherwise.
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Proof of Right
When the applicant isn’t the inventor, the law wants proof that the applicant is entitled to file. Under Section 7(2) and Rule 10, this usually takes the form of:
A signed declaration in Form 1 from the inventor, or
An assignment deed transferring rights to the applicant.
The deadline is six months from the filing date, with a possible one-month extension. Miss it, and the Controller can refuse the application.
Correcting Inventorship
Mistakes happen. Names get left out or added without proper reason. Indian law lets you fix these under Section 28 and Rules 66–70 by filing Form 8.
To add an inventor: You’ll need written consent from all inventors and the applicant(s).
To remove an inventor: You must show evidence that the person didn’t contribute to the inventive concept in the claims.
These changes can be made before or after grant. But post-grant corrections, especially if there’s disagreement, may require a court order.
New in 2024 - Certificate of Inventorship
A small but important update in the Patent (Amendment) Rules, 2024: inventors can now request an official Certificate of Inventorship after a patent is granted. This is done via Form 8A under Rule 70A.
It doesn’t give you ownership rights, but it’s a useful recognition tool—for your CV, grant applications, awards, or even settling disputes over who actually invented.
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If Someone Else Files Your Invention
Indian law isn’t powerless here. If your invention has been filed by someone else without your consent, you can:
Seek revocation under Section 64.
Have the patent granted to you under Section 52 if you can prove wrongful obtainment.
Foreign Filing Licence - A Quick India-Specific Caution
If you live in India and want to file your first patent abroad, Section 39 requires you to get a Foreign Filing Licence (FFL) from the Indian Patent Office—unless you’ve already filed in India and waited six weeks. Skip this step, and you risk not just losing your rights in India, but also facing criminal penalties.
Why Getting It Right Matters
Listing extra names isn’t a courtesy—it’s a liability. Leaving off an inventor can be equally costly. The best defence is documentation: lab notebooks, meeting notes, experiment logs. When filing, match the claims to these records.
In the end, inventorship under Indian law isn’t about funding, job titles, or politics—it’s about who conceived and contributed to what’s claimed. Everything else is noise.
