Filing a patent application in India in an individual’s name or a company’s name carries direct statutory and commercial consequences: fees differ fivefold between categories, ownership on death or transfer changes, investor-compliance obligations apply, and the enforcement position differs in practice. Both are permissible applicant categories under the Patents Act 1970. The four factors below guide the decision.
| Quick-answer |
| • The First Schedule to the Patents Rules 2003 prescribes an e-filing base fee of Rs 1,600 for a natural person (individual), startup, small entity, or educational institution. |
| • The same filing attracts a base fee of Rs 8,000 for any other applicant (typically a company that does not qualify as a startup, small entity, or educational institution). Where a company files jointly with an individual, the higher rate still applies. |
| • DPIIT-recognised startups file at the natural-person rate; Form 28 is required to claim the concession. |
| • If an application filed by a natural person or startup is later transferred to a company outside the concessional categories, the applicant must pay the fee differential for all prior proceedings under Rule 7(3) of the Patents Rules 2003. |
| • Under Section 108 of the Patents Act 1970, the court may award damages or an account of profits at the patentee’s election; the quantum is not automatically determined by whether the patentee is an individual or a company. |
Plain answer. If the company already exists and the invention will be commercialised through it, filing in the company’s name is usually cleaner. If the company has not yet been incorporated, filing first in the inventor or founder’s name is practical, but the application should be transferred to the company before a funding round, licensing, or enforcement.
| Inventor, applicant, and owner: three distinct roles |
| Inventor: the person who created the invention. The application must name the true and first inventor regardless of who files. |
| Applicant: the person or entity filing the patent application, who must be the inventor, an assignee, or a legal representative. This is the applicant of record during prosecution. |
| Owner / proprietor: the person or entity registered as grantee or proprietor of the patent, who controls assignment, licensing, and enforcement. |
| These three roles may be held by the same person or by different persons. Filing the application in the company’s name means the company is the applicant; the inventor is still named on the application under Section 7(3) of the Patents Act 1970. |
Who Can Apply for a Patent in India
Section 6 of the Patents Act 1970 identifies the persons entitled to make an application:
- any person claiming to be the true and first inventor;
- any person being the assignee of the person claiming to be the true and first inventor, in respect of the right to make the application; and
- the legal representative of any deceased person who, immediately before death, was entitled to make such an application.
An application may be made by any of these persons either alone or jointly with any other person (Section 6(2)). The term “person” encompasses both natural persons (individuals, or groups of individuals) and legal persons such as registered companies, small entities, startups, research organisations, educational institutes, and the Government, as clarified in the Manual of Patent Office Practice and Procedure.
Where the applicant is not the inventor, Section 7(3) requires the application to state that the applicant is in possession of the invention and to name the true and first inventor. If the inventor is not the applicant, the application must contain a declaration that the applicant believes the named person to be the true and first inventor. Proof of the right to apply (typically a duly authenticated deed of assignment from the inventor) must be submitted within six months of the filing date.
Factor 1: Filing Fee
The fee differential is the most immediate practical distinction. The First Schedule to the Patents Rules 2003 (verified June 2026) prescribes the following application fees for e-filing under Section 7:
| Applicant category | Base fee (e-filing) | Base fee (physical) |
| Natural person, startup, small entity, or educational institution | Rs 1,600 | Rs 1,750 |
| Any other person (company, organisation) alone or with natural person / startup / small entity | Rs 8,000 | Rs 8,800 |
Additional fees apply for each sheet of specification beyond 30 pages (Rs 160 per sheet for natural persons, Rs 800 for others, e-filing) and for each claim beyond 10 (Rs 320 for natural persons, Rs 1,600 for others, e-filing). The First Schedule prescribes separate fixed amounts for physical filing, which are higher than the e-filing amounts shown above. These figures are from the First Schedule as amended; for the current complete fee schedule, see the patent fees article and the Intepat patent fees calculator.
Joint filing and the higher rate. Where a company files jointly with an individual, startup, small entity, or educational institution, the higher rate (column 2 of the First Schedule) applies to the whole application. The lower rate applies only when every co-applicant falls within the concessional category.
DPIIT-recognised startups. Under Rule 2(fb) of the Patents Rules 2003, a startup means an entity in India recognised as such by the competent authority under the Startup India initiative. Startups are treated identically to natural persons for fee purposes under the First Schedule. However, Rule 7 requires every document filed by a startup to be accompanied by Form 28 to claim the concessional rate. If the startup later ceases to qualify (because the recognition period lapses or turnover crosses the threshold), no retrospective fee adjustment is required for proceedings already completed, per the explanation to Rule 7(3).
Fee differential on transfer. Under Rule 7(3) of the Patents Rules 2003, if an application processed by a natural person, startup, small entity, or educational institution is fully or partly transferred to a person who falls outside those concessional categories (for example, a company that is not a startup, small entity, or educational institution), the new applicant must pay the difference in the scale of fees for all prior proceedings. The prescribed form for the Section 20(1) transfer claim is Form 6 (Rule 34). In situations where a fee differential arises, the Manual of Patent Office Practice and Procedure additionally refers to filing Form 30 alongside Form 6 for the fee payment. A transfer from an individual to a DPIIT-recognised startup does not attract the differential, because both sit within the concessional category.
Factor 2: Investor and Corporate-Governance Requirements
Where investors or employment contracts require IP to vest directly in the company, the choice of applicant is not discretionary.
Employment agreements and IP assignment clauses in shareholder agreements, investment term sheets, and shareholder rights agreements commonly require IP to vest directly in the company. An investor conducting due diligence expects a clean IP ownership trail: a patent or application standing in an employee’s name with no recorded assignment creates a cloud on title. Under Section 68 of the Patents Act 1970, an assignment is not valid unless it is in writing and the agreement between the parties is reduced to a document embodying all the terms and conditions governing their rights and obligations and is duly executed. An oral or implied agreement is not sufficient.
In seed and early-stage transactions, it is common for term sheets or investment agreements to impose a condition that all IP be formally transferred to the company before closing. Where a founder has filed a provisional application in individual capacity and a funding round follows before the patent is granted, the application should be transferred in favour of the company through Section 20 of the Patents Act 1970 and Form 6. If the patent has already been granted, the assignment should be registered under Section 69 using Form 16 (Rule 90). Investor’s counsel will typically require evidence of the completed transfer or registration before signing off on the IP schedule.
Factor 3: Ownership Clarity and Licensing
A patent application and the patent granted from it are personal property capable of assignment, licensing, and mortgaging. Section 70 of the Patents Act 1970 provides that the person or persons registered as grantee or proprietor of a patent have power to assign, grant licences under, or otherwise deal with the patent, subject to the Act’s provisions on co-ownership and any registered third-party rights.
Where the applicant is an individual, the patent is personal property. On the individual’s death, it forms part of the estate and devolves according to the individual’s will or intestacy rules. The legal representative becomes entitled to the patent by operation of law, and must apply under Section 69(1) of the Patents Act 1970 (read with Rule 90 and Form 16) to register the transmission of title in the register, supported by probate, letters of administration, or other appropriate succession documents. A corporate applicant avoids this risk: the patent remains a company asset regardless of changes in the founders’ or directors’ personal circumstances.
Joint applications under Section 6(2) are permissible. However, where two or more persons are registered as co-proprietors, Section 50(3) of the Patents Act 1970 provides that a licence under the patent shall not be granted and a share in the patent shall not be assigned by one co-proprietor without the consent of the other(s). A joint individual-and-company structure therefore requires the co-proprietors to act together on every licensing and assignment decision, which can create friction in commercial situations.
Factor 4: Enforcement and Remedies
Section 108 of the Patents Act 1970 provides that in a suit for infringement, the reliefs which a court may grant include an injunction and, at the option of the plaintiff, either damages or an account of profits. The choice between damages and account of profits is the plaintiff’s. There is no provision in the Act that restricts the quantum of damages or profits by reference to whether the patentee is an individual or a company.
In practice, the quantum of provable loss or recoverable profit ordinarily reflects the commercial scale of the patent owner’s operations. A company actively commercialising a patented invention, with documented revenue from licences or product sales, is typically in a stronger evidentiary position to quantify losses from infringement than an individual who has not commercially exploited the patent. This is a practical evidential consideration, not a statutory restriction.
Under Section 108(2), the court may also order that infringing goods, and materials and implements whose predominant use is in the creation of infringing goods, be seized, forfeited, or destroyed without payment of compensation. This remedy is available regardless of whether the patentee is an individual or a company.
Transferring a Pending Application or Granted Patent to a Company
The procedure differs depending on whether the application has been granted or is still pending.
Before grant: substitution of applicant under Section 20. Where the application is still pending, the new applicant files a claim under Section 20(1) of the Patents Act 1970 in Form 6 (Rule 34). The original assignment or agreement, or a notarised copy, is produced for the Controller’s inspection under Rule 34(2). Where a fee differential arises (because the new applicant falls outside the concessional category), the Patent Office Manual refers to filing Form 30 alongside Form 6 for the fee payment. The Controller then directs that the application proceed in the name of the new applicant.
After grant: registration of assignment under Section 69. Once a patent has been granted, the mechanism for transferring ownership is registration of the assignment in the register. The steps are:
- Execute a written, duly authenticated deed of assignment meeting the requirements of Section 68 of the Patents Act 1970 (assignment not valid unless in writing and embodying all terms and conditions).
- File Form 16 under Rule 90, read with Section 69(1), to register the assignment of title. The fee is Rs 1,600 per patent (e-filing, natural person or startup) or Rs 8,000 per patent (e-filing, others), verified as of June 2026.
- The Controller registers the new proprietor and enters particulars of the assignment instrument in the register.
Section 69(5) provides that an unregistered assignment is not admissible as evidence of title except by the Controller’s or court’s direction. Prompt registration is therefore important for evidential hygiene.
Making the Decision
The decision depends on the applicant’s position at the time of filing and the anticipated trajectory of the application. The following considerations are relevant:
File in individual name when: the invention has not yet been commercialised, the company has not been incorporated, there are no investor obligations requiring corporate ownership, and cost control at the provisional stage is a priority. The individual-to-company transfer path remains open, but carries a fee differential and the administrative steps described above.
File in company name when: the company is already incorporated, investor agreements require corporate IP ownership, the intention is to exploit the patent through the company immediately, or the applicant is a DPIIT-recognised startup and wishes to establish corporate ownership while still paying at the natural-person fee rate.
File jointly when: the inventor is an individual who retains an interest, and a company also has a stake in the invention. Joint ownership is permissible under Section 6(2), but the co-ownership restrictions under Section 50(3) should be reviewed before adopting this structure.
A practical illustration. A founder files a provisional patent application in her own name before the company is incorporated. Six months later, the company is formed and investors ask for IP to sit in the company. The founder executes a written deed of assignment under Section 68, files a claim in Form 6 under Section 20(1) while the application is still pending, and pays any applicable fee differential if the company falls outside the concessional fee category. After the patent is granted, the company registers as proprietor in the register, and all subsequent licensing and enforcement decisions belong to the company under Section 70.
At a glance: individual vs company filing
| Factor | Individual name | Company name |
| Base e-filing fee | Rs 1,600 (natural person) | Rs 8,000 (unless startup, small entity, or educational institution) |
| Startup concession | Applies; Form 28 required | Applies if DPIIT-recognised startup; Form 28 required |
| Ownership on death | Personal estate; Section 69(1) + Form 16 needed to transmit title | Unaffected; company continues as proprietor |
| Investor due diligence | May require later transfer before funding closes | Cleaner; no transfer step needed if company already exists |
| Transfer later | Possible via Section 20 (pending) or Section 69 (post-grant); fee differential may apply | Not applicable |
| Joint filing with the other category | Higher rate applies when any co-applicant is outside the concessional category | Higher rate applies |
For a broader overview of the rules governing patent applications in India, see patent law in India. Startups considering whether to file directly in India or through the PCT route first can read the dedicated PCT for Indian startups guide. For the complete fee schedule covering all proceedings, see patent fees in India.
Frequently Asked Questions
Yes. Where the application is still pending, the new applicant files a claim under Section 20(1) of the Patents Act 1970 in Form 6, producing the assignment or agreement for the Controller’s inspection under Rule 34. If the new applicant falls outside the concessional fee category (natural person, startup, small entity, or educational institution), the fee differential for all prior proceedings is payable with the transfer request. Once the patent has been granted, ownership passes by registered assignment under Section 69(1), using Form 16 (Rule 90).
Yes, but only procedurally. Section 7(3) of the Patents Act 1970 requires that every application name the true and first inventor. Where the inventor is not the applicant, the application must contain a declaration that the applicant believes the named person to be the true and first inventor. Under Section 28, being mentioned as inventor on the patent confers no additional rights and derogates from none; inventorship is a matter of record, not of ownership.
Yes. Under the First Schedule to the Patents Rules 2003, startups pay the same fee as natural persons. The concession requires Form 28 to be filed with every document. Where a startup later ceases to be recognised (because the period lapses or turnover crosses the threshold), no retrospective fee adjustment is required for proceedings already completed, per the explanation to Rule 7(3).
A patent is personal property and forms part of the deceased patentee’s estate. The legal representative becomes entitled to the patent by operation of law. To update the register, the legal representative must apply under Section 69(1) of the Patents Act 1970, read with Rule 90, filing Form 16 and supported by probate, letters of administration, or other appropriate succession documents establishing entitlement. Section 6(1)(c) of the Act also recognises the legal representative of a deceased inventor as a person entitled to make an application for a patent in the first place.
Yes. Under the First Schedule to the Patents Rules 2003 (Entry 24, Rule 90), registration of an assignment under Sections 69(1) or 69(2) is subject to a fee of Rs 1,600 per patent (e-filing, natural person or startup) or Rs 8,000 per patent (e-filing, others), verified as of June 2026.
Yes. Under Section 6 of the Patents Act 1970, a person being the assignee of the true and first inventor may apply for a patent. Where an employment agreement provides that inventions made in the course of employment vest in the employer, the company is the assignee and may file as applicant, or the inventor may file and assign to the company under Section 68. The application must still name the employee as the true and first inventor under Section 7(3).
The inventor owns it personally until a valid assignment is executed under Section 68 and the company is registered as proprietor or the application is transferred under Section 20. An invention created before incorporation does not automatically vest in the subsequently incorporated company. A formal written assignment, duly executed, is required before the company has any legal title to the patent or application.
Yes. A provisional application is a pending application for the purposes of Section 20 of the Patents Act 1970. Before grant, the new applicant (the company) may file a claim for substitution in Form 6 under Rule 34, supported by the assignment or agreement in writing. The complete specification, when filed, proceeds in the company’s name. The fee differential under Rule 7(3) applies if the company falls outside the concessional category.
This article discusses Indian patent law as at June 2026, based on the Patents Act 1970 and the Patents Rules 2003 as currently in force. It does not constitute legal advice. The fee figures quoted are from the First Schedule to the Patents Rules 2003 and are subject to amendment by notification. Verify the current schedule at the Indian Patent Office website before filing.