Section 20 of the Patents Act, 1970
Powers of Controller to make orders regarding substitution of applicants, etc.
Allows the Controller to change who a pending application belongs to where an assignment, agreement or death shows another person is entitled.
Official legal text
The verbatim statutory text of this provision is reproduced from the official source and checked by our legal reviewer before it is published here. Until that check is complete for this page, read the exact wording directly from the official source linked below — it is the only version that governs.
Nothing here replaces the statute. The official wording of the provision, together with any Gazette notification that applies to it, governs. This page only explains that material in ordinary language.
What this section says, in plain language
Ownership of a patent application can shift while the application is still being processed. A start-up is acquired, a founder assigns rights to the company, a research contract transfers the invention to the funder, or the applicant dies. Section 20 gives the Controller the machinery to record those changes on a pending application, so that the eventual grant issues in the correct name.
The main route works like this. A person claims that, because of an assignment or an agreement in writing made before the application was filed, or because of the operation of law, they are entitled to the application, or to an interest in it, or to an undivided share of it. On a claim being made and proved in the prescribed manner, the Controller may direct that the application proceed in that person's name, or in the joint names of the claimant and the existing applicant. The Controller will not act on assertion alone; the document or the legal basis has to be produced.
The section also handles disputes between people who are already joint applicants. Where a question arises about how a pending application should proceed as between them, the Controller can be asked to give directions, and can decide how the application is to be carried forward. Separately, where an applicant dies before the patent is granted, the Controller may on request substitute the deceased applicant's legal representative on proof of that person's standing.
Two limits matter in practice. First, the section is about applications, not granted patents. Once a patent is granted, transfers are dealt with by registering title in the register of patents. Second, an oral understanding is not enough for the main route: the Act contemplates an assignment or an agreement in writing made before the application was made. Founders who never papered their arrangement often discover this at the worst moment.
Why this section matters
Companies acquiring inventions or start-ups, employers, funders under research agreements, and legal heirs of a deceased applicant.
Any time after filing and before grant, typically after an assignment, a corporate restructuring, or the death of an individual applicant.
A power in the Controller to substitute or add applicants on a pending application, and to give directions to joint applicants.
The patent may be granted in the wrong name, forcing a costly correction of the register or a dispute over who can license or sue.
How it works in practice
The founder, the company and the missing paper
Vikram Shetty filed a patent application in his own name for a low-cost water testing cartridge, then set up Nadi Diagnostics Pvt Ltd in Bengaluru and raised a seed round. The investors wanted the application in the company's name. Vikram signed an assignment to the company and Nadi asked the Controller to let the application proceed in the company's name. The Controller looked for an assignment or written agreement, and there was one, executed and dated. The direction was made and the application went forward as Nadi's. A second start-up in the same accelerator was less lucky. Its two founders had agreed by message that the company would own everything, but had never executed a document before filing. When one founder left and objected, the Controller had no written instrument to act on, and the application stalled while the two of them argued. The lesson is unglamorous: sign the assignment before you file.
Simplified illustration only. Actual legal outcomes depend on the facts.
Key points to remember
- The section applies to pending applications only, not to granted patents.
- A claim must rest on an assignment, an agreement in writing made before the application, or the operation of law.
- The Controller can direct that the application proceed in the claimant's name, or in joint names.
- Proof is required; the Controller will not act on an unsupported assertion of entitlement.
- Disputes between existing joint applicants can be brought to the Controller for directions.
- Where an applicant dies before grant, the legal representative can be substituted on proof.
- The request is made in the manner and on the form set by the Rules, with the fee prescribed in the First Schedule.
Common mistakes and misunderstandings
- Thinking a verbal understanding or a later email is enough. The main route contemplates a written assignment or agreement made before the application was filed.
- Confusing substitution with the register. After grant, ownership changes are recorded by registering title, not by a section 20 direction.
- Assuming the Controller will resolve a full ownership dispute. The Controller acts on proof of entitlement; a genuinely contested title fight may have to go to court.
Connected provisions
Indian patent law works in two layers. The Act carries the substance and the Rules carry the machinery. Because the layers are amended by different processes and at different times, they are presented in separate blocks instead of being merged into one description.
Forms, deadlines and fees
Forms used under the Patents Rules are prescribed in the Second Schedule. They are revised when the Rules change, so download the current version from the Patent Office website rather than reusing a copy saved earlier.
- A claim for substitution must be brought while the application is still pending, that is, before the patent is granted.
Open the deadline calculator — and have every date confirmed against the current Rules before you rely on it.
The official fee for anything described on this page is set out in the First Schedule to the Patents Rules. It is not the same for every applicant, and it is not the same for online and physical filing, which is why no amount is stated here. How Indian patent fees work.
Related judgments
You will not find case summaries under this heading today. Each one must pass a legal review before it appears, and that work has not been completed for this provision. If you are researching decided cases, use a law report or a court database in the meantime. How case notes are prepared.
Questions people ask about Section 20
Can I transfer my patent application to my company?
Yes, and it is the normal step for a founder who filed personally. Execute an assignment in favour of the company, then ask the Controller to direct that the application proceed in the company's name, using the form and manner set by the Rules and paying the fee prescribed in the First Schedule. The Controller needs to see the document. Doing this before an investment round avoids awkward diligence questions later.
What happens if the applicant dies before the patent is granted?
The application does not die with the applicant. On a request being made and the legal representative's standing being proved, the Controller may substitute that representative so the application can continue. Heirs should act promptly, because deadlines in the application keep running regardless of the death, and an application can still be treated as abandoned while the family is arranging papers.
Do all joint applicants have to agree?
Not necessarily. If joint applicants disagree about how a pending application should proceed, the Controller can be asked to give directions and can decide the matter after hearing them. This is a practical safety valve where one co-applicant stops cooperating. It is still far cheaper to settle ownership and decision-making in a written agreement before filing.
Is section 20 the same as recording an assignment?
No. Section 20 changes who an application belongs to before grant. Recording an assignment applies to a granted patent and is done by registering the title in the register of patents. The two use different provisions, different forms and different evidence. Using the wrong route wastes time, and an unrecorded transfer can create real problems when the owner tries to sue or license.
Is your patent application in the wrong name?
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