The requirement for filing a “proof of right” with Indian patent applications is debated from time to time and patent controllers have taken different views on it.
The guiding principle for all types of patent applications, whether ordinary applications, convention applications, or national phase applications based on the Patent Cooperation Treaty (PCT), emerges from the provisions of section 7(2) of the Indian Patents Act, 1970.
Mr. Abhai Pandey and Mr. Rajeev Kumar discuss about the requirement for filing a “proof of right” with Indian patent applications, in their IBLJ article, which can be viewed on https://www.vantageasia.com/