7. From application.-
(1) Every application for a patent shall be for one
invention only and shall be made in the prescribed form and
filed in the patent office.
*[(1A) Every international application under the Patent Cooperation
Treaty for a patent, as may be filed designating India, shall
be deemed to be an application under this Act, if a corresponding
application has also been filed before the Controller in India.]
**[(1B) The filing date of an application referred to in
sub-section (1A) and its complete specification processed
by the patent office as designated office or elected office
shall be the international filing date accorded under the
Patent Cooperation Treaty.]
(2) Where the application is made by virtue of an assignment
of the right to apply for a patent for the invention, there
shall be furnished with the application, or within such period
as may be prescribed after the filling of the application,
proof of the right to make the application.
(3) Every application under this section shall state that
the applicant is in possession of the invention and shall
name the **[person] claiming to be the true and first inventor;
and where the person so claiming is not the applicant or one
of the applicants, the application shall contain a declaration
that the applicant believes the person so named to be the
true and first inventor.
*[(4) Every such application (not being a convention application
or an application filed under the Patent Cooperation Treaty
designating India) shall be accompanied by a provisional or
a complete specification.]
*[Inserted by Patents (Amendment) Act, 2002, section 6]
**[Substituted and sub-section (1A) inserted by Patents (Amendment)
Act, 2005, section 5]
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