Where to apply Patent Applications ? :

As per Rule 4 of the Patents Rules, 2003 [as amended by Patents (Amendment) Rules, 2005], application for the patent has to be filed in the respective patent office as mentioned below where the territorial jurisdiction is decided based on whether any of the following occurrences falls within the territory.

(a) Place of residence, domicile or business of the applicant (first mentioned applicant in the case of joint applicants)

(b) Place from where the invention actually originated.

(c) Address for service in India given by the applicant when he has no place of business or domicile in India. (Rule 5)

A foreign applicant should give an address for service in India and the jurisdiction will be decided upon that. An applicant (Indian or foreigner) can also give his Patent Agent’s address as address for serving documents if he/she wishes so.

Application for Patent shall be filed with the Patent Office having the appropriate jurisdiction. Territorial jurisdiction of a patent office is decided based on the following:

(i) Place of residence, domicile or business of the applicant (first mentioned applicant in the case of joint applicants).

(ii) Place from where the invention actually originated.

(iii) Address for service in India given by the applicant, when the Applicant has no place of business or domicile in India (Foreign applicants).