It is often after a viva, demo day, or campus competition that the realisation dawns that the project might be commercially valuable. By then, slides have been circulated, a GitHub repo has gone public, and the thesis is queued for Shodhganga. Whether protection is still possible depends on how the patent rules interact with academic routines. Understanding those rules early can convert a promising project into a protected asset rather than a publish-and-perish story.
Short answer: yes, students can be applicants and inventors
Under Section 6 of the Patents Act, any person claiming to be the true and first inventor may apply, either alone or jointly. A student, therefore, can file in personal name, jointly with team members, or through an assignee such as a startup or the university if rights are assigned.
Indian courts have clarified that an inventor must be a natural person who has made a technical contribution. In V.B. Mohammed Ibrahim v. Alfred Schafranek (Mysore HC, 1960), the Court rejected the idea that a corporation or a mere financier could be the inventor. The ratio helps teams decide whom to name as inventors, and it discourages honorary inventorship.
Practical takeaways
Name as inventors only those who contributed to the conception of what the claims cover. Supervisors or lab heads are inventors only if they made technical contributions to the solution, not merely by supervision or funding.
If the application will be filed by someone other than the inventors, ensure proof of right is in place, typically by signatures in Form 1 or an assignment deed, to be furnished no later than six months from filing.
Who owns a student invention, you or your college?
Ownership is a matter of contract and policy, not a special rule of patent law. Many Indian institutions have IPR policies that allocate rights depending on sponsorship, use of substantial facilities, or incubation arrangements. The Government has even circulated model guidelines that universities can adapt, but these are not binding law. Check your institute’s policy and any sponsored research or incubation agreements before filing.
If ownership lies with the student team but a spin-out is planned, execute a written assignment to the startup. Section 68 requires assignments and licences to be in writing and duly executed, and Section 69 provides for their registration on the patent register. Getting this paper trail right up front avoids downstream disputes.
Quick checklist, before you choose the applicant name
Read your university’s IPR policy and any project, funding, or NDA documents.
If the university owns, file with the university as applicant and the students as inventors. Register any later transfer under Section 69.
If the team owns, file as natural persons now and assign to a company later with a written deed that is registered.
Timing, forms, and fees that matter for students
Most campus projects are not fully ready on day one. The law allows a provisional to secure a priority date, followed by a complete specification within 12 months under Section 9. If you miss the 12-month window, the provisional lapses.
From 15 March 2024, the Request for Examination must be filed within 31 months from the earliest priority date, so for PCT national phase entries it is now due on or before entry. Do not wait for a reminder. File Form 18 on time.
Students or colleges often prefer faster visibility. Early publication is available via Form 9, which can be filed any time after filing to bring publication forward from the usual 18 months. Publication is also a precondition for expedited examination.
Fees and concessions
Filing as a natural person attracts the lowest fee tier.
Educational institutions receive an 80 percent fee reduction across filing and prosecution. This is available when the institution is the applicant.
Fast tracks
Expedited examination under Rule 24C is available to, among others, startups, small entities, women applicants, and certain government-linked bodies, on filing Form 18A with early publication. A student-led startup recognised as a startup can use this route, and an application with at least one female inventor-applicant may also qualify.The novelty traps: vivas, fests, hackathons, and Shodhganga
Pre-filing disclosure can destroy novelty. Sections 29 to 34 provide narrow exceptions, but they are not a general safety net.
Key safe harbours include:
Section 31(d) for a paper read before a learned society, and Section 31(a)–(c) for display at a Government-notified exhibition, provided you file within 12 months of that event. Ordinary college fests will not usually qualify unless notified by the Government.
Section 33 shields your own disclosures after filing a provisional, but only for what is actually described in that provisional.
Section 32 allows limited public trials if reasonably necessary and within one year before the priority date.
In practice, Indian theses are uploaded to Shodhganga with open access, often soon after award. Many institutions provide an embargo option where IP is being filed. Use it, or file before your thesis goes live.
A new Form 31 exists to disclose qualifying pre-filing public disclosures within the grace period framework in the Rules. This fits very narrow situations and should not be treated as routine cover for campus publicity.
Do this on campus
File a provisional before the final presentation, poster, or code release.
If a public talk is unavoidable, keep technical detail shallow and avoid claim-critical numbers or flowcharts.
Coordinate with your library and supervisor to ensure embargo until filing.
Software-heavy projects: the Section 3(k) hurdle
Many student projects are software led. India excludes “a mathematical or business method or a computer program per se or algorithms” under Section 3(k). The 2017 CRI Guidelines and the Delhi High Court in Ferid Allani v. Union of India (2019) emphasise that if your invention shows a technical effect or technical contribution, it can be patent-eligible despite software implementation. Drafting and evidence must highlight the technical solution, not just business logic or UI convenience.
Position your CRI well
Focus claims on technical effects such as improved resource usage, latency, throughput, security, or control of hardware.
Align the specification with the CRI Guidelines’ indicators and, where apt, cite measurable deltas in tests.
Filing abroad first? Remember Section 39
If you are resident in India, do not file outside India first without permission. Either file in India and wait six weeks, or obtain a written foreign filing permit from the Controller under Section 39. Many teams miss this while racing to the USPTO. The fix is simple if planned early.
FAQs, answered in context
Can the guide or HOD be an inventor automatically?
No. Inventorship is about technical contribution, not designation or seniority. Courts have underlined that inventors are natural persons who contribute intellectually, as noted in V.B. Mohammed Ibrahim. Co-authors of a paper are not automatically co-inventors of the patent.We presented at a tech fest. Is all lost?
Not necessarily. If the event was a Government-notified exhibition or a paper before a learned society, Section 31 may give a 12-month window. If not, explore whether your provisional was already on file, or whether the disclosure lacked enabling detail. Take advice quickly and consider Form 31 if the facts truly fit.Do we need a university on the application to get fee benefits?
The 80 percent fee reduction applies when the educational institution is the applicant. If students file as natural persons, they already pay the lowest fee slab, but the specific institutional concession would not apply unless the institution is the applicant.Can a women-led team fast-track examination?
Yes, expedited examination is available if at least one applicant is a female natural person, or if you qualify as a startup or small entity, among other grounds, with Form 18A and early publication.A simple playbook for student teams
Before demo day: file a provisional. Add enough detail to support later claims.
Name the right inventors: only those who contributed to the claimed solution.
Pick the applicant: student team, university, or startup. Put assignments in writing and register them.
Calendar deadlines: 12 months to complete, 31 months to request examination, earlier if you want speed.
Use early publication and, if eligible, expedited examination to move faster.
For software projects: draft to a technical effect and align with CRI Guidelines.
Filing abroad: comply with Section 39 or file first in India and wait six weeks.
Theses and repositories: request embargo until filing, and coordinate with the library.
