Who owns an invention created by an employee? Is a separate assignment deed always necessary to establish patent ownership? Recent decisions of the Madras and Delhi High Courts have brought much-needed clarity to the law governing patent assignments and proof of right in India. These judgments emphasize that ownership is determined by the substance of the underlying legal relationship rather than mere technical formalities. This article examines the statutory framework under the Patents Act, 1970, the distinction between assignment of the right to apply and assignment of a granted patent, and the evolving judicial approach towards employment agreements, inventor declarations, and documentary evidence establishing patent ownership.
Vidhik-Vishleshan (Decoding The Law & More) 