The expression "true and first inventor" has been defined negatively in section 2(1 )(y) as not to include either the first importer of an invention in India, or a person to whom an invention is first communicated from outside India.

                    The expression means a person who (1) first made the invention, and (2) applied for the patent. Making of the application for patent is all relevant in point oftime who is the first, with respect of the invention made by many persons independently of each other True and first inventor is the one who is both a true inventor and also the first in making application for the patent Registration.

                   A person may conceive an invention which is complete only when the idea is so clearly defined in his mind that only ordinary skill would be necessary to reduce the invention into practice without extensive research or experimentation. It must both be subject of commercial offer and ready for patenting. It is ready for patenting if the inventor has prepared drawings or other descriptions of the invention that are sufficiently specific to enable a person skilled in the art to practice the invention.

                 Thus, a true inventor in relation to an invention is the actual deviser of the invention. Actual devisers may be many. All are true inventors. But who makes an application for patent first in point of time is the true and first inventor. First in point of time in making the application and not the first in making the invention, determines who is the true and first inventor for the purpose of the Act patent Registration.

               Patent is a monopoly granted for the industrial application of the invention. If an invention has been made but not applied for industrial application, the question of grant of monopoly does not apply. True and first inventor is the inventor himself in the sense as mentioned above and that he applied for patent first of all other inventors patent Registration..