Choosing the Right Applicant in a Patent Application – A Critical Decision

Choosing the Right Applicant in a Patent Application – A Critical Decision

When filing a patent application in India, inventors often overlook one crucial decision that can impact the fees, timeline for grant, ownership, and even the international patenting strategy—choosing the right patent applicant.

In this article, we’ll explore who qualifies as an applicant, the difference between inventors and applicants, and how your choice can influence your patent’s success, cost-effectiveness, and value.

Most inventors assume they should be listed as the applicant simply because they created the invention. However, under Indian patent law—and globally—the inventor and the applicant can be different legal entities. This distinction has far-reaching legal and business implications.

Let’s explore the topic in detail and understand how to make the right decision about the patent applicant for your invention.

Who is an Inventor, and Who is an Applicant?

  • Inventor: Always a natural person (human). Individuals who contribute to the conceptualization, development, or creation of the invention are inventors. They may include engineers, scientists, developers, or mentors.
  • Applicant: The legal owner of the patent. Can be an individual, multiple individuals, a company, startup, or educational institution.

You must mention both during filing, but the applicant owns the patent—not necessarily the inventor.

The applicant is the one who has the legal authority to file the application, prosecute it, assign or license the rights, sue infringers, and enforce the patent.

This can be:

  • An individual inventor
  • A group of inventors
  • A company/startup/organization
  • A university or research institute
  • A government entity (in special cases)
  • Or any combination of the above

Why Choosing the Right Applicant is Important

Let’s break down the key legal and strategic implications of this decision:

Your choice of applicant affects:

  • Legal Ownership: Applicants are considered the patent owners and will hold decision-making authority regarding licensing, assignment, commercialization, etc.
  • Time to Grant: Some categories of applicants (like startups or MSMEs) can opt for expedited examination and get patents granted within 6–12 months.
  • Government Fees: Filing as a recognized startup, MSME, or individual (especially women applicants) can result in reduced fees or eligibility for faster processing.
  • International Strategy (PCT): Individual applicants receive up to 90% fee reduction while filing international applications under the Patent Cooperation Treaty (PCT).

Who is Eligible for Expedited Examination (Form 18A)?

Expedited examination can drastically reduce the time to get a patent grant (as little as 6–8 months). To be eligible, the applicant must fall into one of the following categories:

  1. Recognized Startup (as per DPIIT certificate)
  2. MSME Registered Entity
  3. Female Applicant or Co-Applicant
  4. Government Institution
  5. Applicants who filed a PCT application and selected ISA/IPEA as India

If eligible, you can file Form 18A and speed up the examination process. This small step can shave years off your patent timeline!

Patent Fees Comparison: Individual vs. Legal Entity (PCT Applications)

Applicant TypeStandard PCT FeeDiscounted Fee (Approx.)Notes
Legal Entity (Startup/MSME)₹1.3 – ₹1.5 Lakhs❌ No DiscountMust pay full international fees
Individual(s)₹15,000 – ₹20,000✅ Up to 90% DiscountHuge savings in PCT stage

Pro Tip: Start as an individual (or two individuals including a female co-applicant) and later assign the patent to a company using Form 6.

🏢 When Should a Company Be the Applicant?

You should choose the company as the applicant if:

  • You’re raising funds or investments (investors prefer IP owned by the company).
  • You’re planning to license, commercialize, or transfer IP through the company.
  • You want to raise loans using IP as an intangible asset.

In such cases, file the application in the company’s name—preferably with Startup or MSME status to take advantage of Form 18A.

Prasad Karhad
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