Section 8, The Patents and Industrial Design Act, 2012

Where the applicant has obtained the essential elementsof the invention which is the subject of his application from the invention of another person he shall, unless authorised by the person who has the right to the patent for the latter invention to apply for the patent or own the patent, be obliged to assign to such person the application or where the patent has already been granted, the patent right. 4 5 Inventive step. Industrial application of invention. Nonpatentable inventions. Right to Unauthorized application based on invention of another person. No. 10 Patents and Industrial Designs Act 2012 No. 10 Patents and Industrial Designs Act 2012