Patent applicant died before grant of patent

INDIAN PATENT AGENT

If the patent applicant dies before the grant of patent

Can the legal representative file form-6 to change the name of the applicant or any other form

 
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Corporate Commercial & IP Lawyer

Navya,

As per Sec. 20(4) Patent Act, 

Where one of two or more joint applicants for a patent dies at any time before the patent has been granted, the Controller may, upon a request in that behalf made by the survivor or survivors, and with the consent of the legal representative of the deceased, direct that the application shall proceed in the name of the survivor or survivors alone.

Form 6

On claim - 500/- for natural person or Rs. 2000/- in case of company

On request for direction - 500/- for natural person or Rs. 2000/- in case of company

Regards,

Nagaraj

www.iplexglobal.in 

 
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INDIAN PATENT AGENT

Thank u. But I want to know if there is only one applcant and he is dead, can the legal representative file form-6

 
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Corporate Commercial & IP Lawyer

 

Check Section 44 where the patent can be transferred in the name of legal representative. Death certificate is needed and he shall also file for amendment in change of name and address. 
 
Regards,
Nagaraj
www.iplexglobal.in
 
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INDIAN PATENT AGENT

Dear sir,

thank u

Section 44, Form- 10 is for granted patent.

I want for a pending application

 
Reply   
 

Yes, pending patent application may also be transferred to the legal hairs of the deseased. Reason- Patent is a form of intellectual property and since every property goes in favour of the legal hairs of the deseased, it also has the same root.

 
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INDIAN PATENT AGENT

Ok thank u

 
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consultant

You can file form 6 as changes in the name of the applicant by operation of law are covered under section 20(1)

T.R.Subramanian

 
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Hello,

it is very much covered under the section-20 (4) Indian Patent Act, 1970........

 
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