Patent applicant died before grant of patent

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 

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

Dear sir,

thank u

Section 44, Form- 10 is for granted patent.

I want for a pending application

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.

Ok thank u

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

Hello,

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