Who can file an application for patent for invention? Whether the applicant can claim world wide protection on the basis of the patent protection for invention in India.

Who can file an application for patent for invention (Section 6 of the Patents Act, 1970): An application for a patent for an invention may be made by any of the following persons: By any person claiming to be the true and first inventor of the invention. By any person being the 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. Whether the applicant can claim worldwide protection on the basis of the patent protection for invention in India: No, the applicant cannot claim worldwide protection solely on the basis of patent protection for an invention in India. Patent protection is a territorial right and therefore it is effective only within the territory of India. There is no patent valid worldwide. However, filing an application in India enables the applicant to file a corresponding application for the same invention in convention countries, within or before expiry of twelve months from the filing date in India. This allows the applicant to claim priority from the Indian application in other countries. Therefore, separate patents should be obtained in each country where the applicant requires protection of his invention in those countries.