7. Form of
application. –
(1) Every application for a patent shall be for
one invention only and shall be made in the prescribed form and filed in the
patent office.
(1A) Every international application under the
Patent Cooperation Treaty for a patent, as may be filed designating India,
shall be deemed to be an application under this Act, if a corresponding
application has been filed before the Controller in India.
(1B) The filing date of an
application referred to in sub-section (1A) and its complete specification
processed by the patent office as designated office or elected office shall be
the international filing date accorded under the Patent Cooperation Treaty.
(2) Where the
application is made by virtue of an assignment of the right to apply for a
patent for the invention, there shall be furnished with the application, or
within such period as may be prescribed after the filing of the application,
proof of the right to make the application.
(3) Every application under this section shall
state that the applicant is in possession of the invention and shall name the
person claiming to be the true and first inventor; and 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.
(4) Every such application (not being a convention application or an application filed under the Patent Cooperation Treaty designating India) shall be accompanied by a provisional or a complete specification.