India follows the first-to-file system, i.e. the right to the grant of a patent for an invention lies with the first person to file the application. Any person, even a minor, can make an application for a patent, individually or jointly with another person, by themselves or with the assistance of a legal representative. The application must be filed at the Patent Office in whose territorial jurisdiction the applicant domiciles or has his place of business. A foreign applicant must file at the Patent Office in whose jurisdiction he has his address for service.
An application for registration of a trade mark can be made by any person claiming to be the proprietor of a trade mark, used or proposed to be used, with regard to particular goods or service.
A design application can be filed only for the features of shape, configuration, pattern, ornament or composition of lines or colors applied to a two-dimensional or three-dimensional article. The design registration, additionally to any copyright protection that may exist on the design, provides a monopoly to the owner to stop others from using or selling the product without his authorization.
The protection over a copyright material is automatic, as soon as the idea is transformed into a tangible medium. In case of copyright infringement the registration certificate can act as a prima facie evidence to justify the ownership on the copyright.