Step-by-Step Guide
8 Steps
How to Register a Patent in India (Step by Step Process)
Complete guide on how to register a patent in India in 2026. Covers patent eligibility criteria, types of patents, step by step filing process at the Indian Patent Office, required documents, patent search, provisional and complete specification, examination, opposition, grant, costs, timeline, and maintenance of patent rights.
Quick Overview
Estimated Cost
₹15000
Time Required
2 to 4 Years
Total Steps
8 Steps
What You'll Need
Documents Required
- Detailed description of the invention including the technical problem it solves
- Drawings, diagrams, or flowcharts illustrating the invention
- Claims defining the scope of patent protection sought
- Abstract summarizing the invention in 150 words or less
- Prior art search report showing existing patents and publications in the field
- Inventor declaration (Form 1) with name, address, and nationality of all inventors
- Power of Attorney (Form 26) if filing through a patent agent or attorney
- Statement and undertaking regarding foreign filing (Form 3) if applicable
- Proof of right to file (assignment deed) if applicant is different from inventor
Tools & Prerequisites
- Indian Patent Office e-filing portal (ipindiaonline.gov.in) for electronic filing
- Patent search databases: InPASS (Indian Patent Advanced Search System), Google Patents, WIPO PatentScope, and USPTO for prior art search
- Registered Patent Agent or Patent Attorney for professional drafting and prosecution
- Drawing software (AutoCAD, Visio, or any standard tool) for preparing patent drawings
- Document preparation tools for creating specification in the prescribed format
A patent is one of the most valuable forms of intellectual property protection available to inventors and businesses. If you have developed a new product, process, machine, or composition that solves a technical problem in a novel way, registering a patent gives you the exclusive right to commercially exploit that invention for 20 years in India. This guide covers the complete patent registration process in India for 2026, from determining patentability to filing, examination, opposition, grant, and maintenance. Whether you are an individual inventor, a startup, or an established company, understanding the patent system helps you protect your innovations and build competitive advantage.
The patent registration process in India is governed by the Patents Act, 1970 (as amended in 2005 and subsequently) and administered by the Indian Patent Office under the Controller General of Patents, Designs and Trademarks. The process involves multiple stages and typically takes 2 to 4 years, though startups can avail expedited examination to get patents faster. Let's walk through every step.
What Can Be Patented in India
Before investing time and money in a patent application, it is essential to understand what qualifies for patent protection under Indian law.
Three Requirements for Patentability
| Criteria | What It Means | How It Is Assessed |
|---|---|---|
| Novelty | The invention must be new and not disclosed anywhere in the world before the filing date | Prior art search in patent databases, scientific literature, and public disclosures globally |
| Inventive Step | The invention must not be obvious to a person with ordinary skill in the field | Comparison with closest prior art to determine if the advance is obvious or non-obvious |
| Industrial Applicability | The invention must be capable of being made or used in an industry | Assessment of whether the invention has practical utility and can be manufactured |
What Cannot Be Patented (Sections 3 and 4)
The following are specifically excluded from patentability in India:
- Inventions that are frivolous or contrary to established natural laws
- Inventions harmful to public health, morality, or the environment
- Mere discoveries of scientific principles or abstract theories
- Discovery of any living or non-living substance occurring in nature
- New forms of known substances without enhanced efficacy (Section 3(d))
- Substances obtained by mere admixture or rearrangement
- Methods of agriculture or horticulture
- Medical, surgical, curative, or therapeutic treatments
- Plants and animals (other than microorganisms)
- Mathematical or business methods
- Computer programs per se (pure software without technical effect)
- Literary, dramatic, musical, or artistic works (protected by copyright)
- Traditional knowledge
- Inventions related to atomic energy
While computer programs per se are excluded, software combined with hardware that produces a technical effect may be patentable. For example, a software algorithm that specifically controls a hardware device to achieve a novel and useful result could qualify. The Patent Office examines each case individually. If your invention involves software, consult a patent agent to assess patentability.
Step 1: Conduct a Prior Art Search
A thorough prior art search before filing saves time, money, and effort by revealing whether your invention is truly novel.
Databases for Patent Searching
| Database | Coverage | URL |
|---|---|---|
| InPASS (Indian Patent Advanced Search System) | All Indian patents and published applications | ipindiaonline.gov.in |
| Google Patents | Worldwide patents with AI-powered similarity search | patents.google.com |
| WIPO PatentScope | International PCT applications from 157 countries | patentscope.wipo.int |
| USPTO Full Text | US patents and published applications | patft.uspto.gov |
| Espacenet | European and worldwide patents | espacenet.com |
How to Search Effectively
- Use keywords that describe the core technical features of your invention
- Search multiple synonym combinations as different inventors describe similar concepts differently
- Use IPC (International Patent Classification) codes to narrow your search to the specific technology area
- Review the cited references in relevant patents to discover additional prior art
- Search non-patent literature including scientific journals, conference papers, and technical publications
- Consider hiring a professional patent agent for a formal patentability search (costs 5,000 to 25,000 rupees) for a thorough assessment
Before filing your patent application, do not publicly disclose your invention through publications, presentations, trade shows, social media, or product launches. Any public disclosure before the filing date compromises the novelty requirement and can make your invention unpatentable. Use NDAs (Non-Disclosure Agreements) when discussing your invention with anyone.
Step 2: Draft the Patent Specification
The patent specification is the legal document that describes your invention and defines the scope of protection you are seeking. This is the most critical part of the patent process.
Components of a Patent Specification
- Title: A concise title describing the invention (typically 10 to 15 words)
- Field of the Invention: The specific technical field the invention belongs to
- Background: Description of existing technology, its limitations, and the problem your invention solves
- Object of the Invention: Clear statement of what your invention aims to achieve
- Summary: Brief overview of the invention and its key features
- Detailed Description: Complete technical explanation with examples, embodiments, and working methods that would allow a skilled person to reproduce the invention
- Claims: Numbered statements defining the legal boundaries of your patent protection. Independent claims provide broad protection; dependent claims add specific features
- Abstract: A 150-word summary of the invention for search and classification purposes
- Drawings: Technical illustrations showing the invention's structure, components, and operation
Patent specification drafting, especially claim drafting, is a highly specialized legal and technical skill. Poorly drafted claims can make your patent worthless even if the invention is groundbreaking. An overly broad claim may be rejected; an overly narrow claim may not protect you from competitors. A qualified registered patent agent or patent attorney significantly increases the quality and enforceability of your patent. Typical drafting fees range from 25,000 to 1,50,000 rupees depending on complexity.
Step 3: File the Patent Application
Patent applications are filed electronically through the Indian Patent Office e-filing portal.
Types of Patent Applications
- Ordinary application: Filed directly at the Indian Patent Office as the first filing
- Convention application: Filed claiming priority from a patent application in another country (within 12 months)
- PCT national phase application: Entering India from an international PCT application (within 31 months)
- Divisional application: Split from a parent application that claims multiple inventions
- Patent of Addition: For improvements or modifications to an already patented invention
Filing Process
- Create an account on the e-filing portal at ipindiaonline.gov.in
- Fill in Form 1 (Application for Grant of Patent) with applicant and inventor details
- Upload Form 2 with the complete or provisional specification, claims, abstract, and drawings
- Fill Form 3 (Statement and Undertaking regarding foreign applications) if you have filed or plan to file in other countries
- Fill Form 5 (Declaration as to Inventorship)
- Upload Form 26 (Power of Attorney) if filing through a patent agent
- Select the applicant category for the correct fee schedule
- Pay the filing fee through the online payment gateway
- Submit and receive the application number and filing date
Patent Filing Fees
| Fee Type | Natural Person / Startup | Small Entity | Others (Companies) |
|---|---|---|---|
| Application Filing (Form 1) | 1,600 rupees | 4,000 rupees | 8,000 rupees |
| Complete Specification (up to 30 pages) | Included in filing fee | Included in filing fee | Included in filing fee |
| Each additional claim above 10 | 320 rupees per claim | 800 rupees per claim | 1,600 rupees per claim |
| Examination Request (Form 18) | 4,000 rupees | 10,000 rupees | 20,000 rupees |
| Expedited Examination (Form 18A - Startups) | 8,000 rupees | 25,000 rupees | 60,000 rupees |
| Early Publication (Form 9) | 2,500 rupees | 6,250 rupees | 12,500 rupees |
Step 4: Publication and Examination
After filing, the patent application goes through publication and examination stages.
Publication
Your patent application is published in the Official Patent Journal after 18 months from the filing date. Once published, the specification, claims, and drawings become publicly available. You can request early publication using Form 9 (for an additional fee) to get the application published within about 1 month. Early publication is useful for establishing your invention in the public domain quickly and for starting the examination process sooner.
Examination Request
The Patent Office does not examine applications automatically. You must file a Request for Examination (Form 18) within 48 months from the filing date. If you do not file this request, the application is deemed withdrawn. For startups, filing Form 18A for expedited examination can significantly reduce the waiting time for the First Examination Report.
First Examination Report (FER)
The Patent Examiner reviews the application and issues the FER listing all objections. You have 6 months (extendable by 3 months) to respond. The response phase involves:
- Analyzing cited prior art references and forming arguments for novelty and inventive step
- Amending claims to overcome prior art objections while maintaining meaningful protection
- Addressing subject matter objections with legal and technical arguments
- Correcting any formal deficiencies in the specification or forms
- Potentially requesting a hearing before the Controller for complex objections
Step 5: Opposition (If Any) and Grant
Pre-Grant Opposition
After publication, any person can file a pre-grant opposition under Section 25(1). The opponent submits a representation to the Controller detailing the grounds for opposition (prior art, lack of inventive step, non-patentable subject matter, etc.). The applicant must respond to the opposition with counter-arguments. The Controller considers both sides and decides whether to proceed with the grant.
Patent Grant
If all examination objections are resolved and no opposition is sustained, the Controller issues an order granting the patent. The grant is published in the Patent Journal with the patent number. The patent is valid for 20 years from the filing date subject to payment of annual renewal fees.
Post-Grant Opposition
Within 12 months of the patent grant publication, any interested person can file a post-grant opposition under Section 25(2). This is a more formal proceeding with an Opposition Board. If the post-grant opposition is successful, the patent can be revoked.
Maintaining Your Patent
Getting the patent granted is not the end, maintaining it requires ongoing attention.
Annual Renewal Fees
Renewal fees must be paid annually starting from Year 2 from the filing date. Fees increase progressively:
- Years 3-6: 800 to 2,400 rupees per year (natural person/startup)
- Years 7-10: 2,400 to 4,000 rupees per year
- Years 11-15: 4,000 to 6,000 rupees per year
- Years 16-20: 6,000 to 8,000 rupees per year
For companies, multiply these amounts by approximately 5 times. If you miss the renewal due date, a 6-month grace period is available with surcharge. After that, the patent lapses. Lapsed patents can be restored within 18 months by filing a restoration request with applicable fees.
Statement of Working (Form 27)
Patent holders in India must file Form 27 annually with the Patent Office disclosing whether and how the patent is being commercially exploited in India. This working statement is a legal requirement and non-filing can be used as grounds for compulsory licensing.
Patent Registration for Startups
Startups recognized under the DPIIT Startup India initiative enjoy significant advantages in pattern registration:
- 80 percent fee reduction on all patent filing, examination, and renewal fees
- Expedited examination through Form 18A to fast-track the entire process
- Patent facilitator scheme where the government reimburses patent agent fees
- Processing time reduced from 2 to 4 years to 12 to 18 months with expedited examination
If you haven't already, register your startup under the Startup India program before filing your patent application to avail these benefits. The Private Limited Company or LLP structure is preferred for startup patent filings as it provides a clear entity for IP ownership.
Patent vs Other IP Protections
Understanding when to use patents versus other forms of intellectual property protection:
| IP Type | What It Protects | Duration | When to Use |
|---|---|---|---|
| Patent | Inventions (how things work) | 20 years | Novel products, processes, machines, compositions |
| Trademark | Brand identity (names, logos, slogans) | Indefinite (renewable every 10 years) | Business names, product brands, logos |
| Copyright | Creative expression (code, text, art, music) | Lifetime + 60 years | Software code, content, designs, artistic works |
| Design Registration | Visual appearance (shape, pattern, ornamentation) | 15 years | Product aesthetics and visual design |
| Trade Secret | Confidential business information | Indefinite (as long as secret is maintained) | Formulas, recipes, processes not suitable for patents |
Timeline Summary for Patent Registration in India
| Stage | Normal Timeline | With Expedited Examination (Startups) |
|---|---|---|
| Prior art search and specification drafting | 2 to 6 weeks | 2 to 6 weeks |
| Filing to Publication | 18 months (or 1 month with early publication) | 1 month (with early publication) |
| Examination request to FER | 6 to 18 months | 1 to 3 months |
| FER response and prosecution | 6 to 12 months | 3 to 6 months |
| Grant decision | 1 to 3 months | 1 to 2 months |
| Total | 2 to 4 years | 12 to 18 months |
Related IP and Business Registrations
Businesses filing patents often need these related registrations:
- Trademark Registration to protect the brand name associated with the patented product
- Copyright Registration for protecting software code, documentation, and creative works
- Private Limited Company Registration to establish the legal entity that will own the patent
- LLP Registration as an alternative business structure for IP-driven ventures
- Startup India Registration for accessing patent fee discounts and expedited examination
- GST Registration for tax compliance on commercialized patented products
- MSME Registration for accessing government schemes and subsidies for innovation
Conclusion
Patent registration in India is a structured process that takes 2 to 4 years for regular applications, or 12 to 18 months for startups using expedited examination. The key steps are: assessing patentability of your invention, conducting a thorough prior art search, drafting a strong specification with well-crafted claims, filing at the Indian Patent Office, requesting examination, responding to the examiner's objections, and navigating any opposition proceedings. Once granted, the patent gives you exclusive commercial rights for 20 years, subject to annual renewal fees and working requirements.
The most important investment in the patent process is in the quality of your patent specification and claims. A well-drafted patent with strong claims is a powerful business asset; a poorly drafted one is an expensive piece of paper. Whether you are an individual inventor protecting a personal innovation or a company building a patent portfolio, professional assistance from a qualified patent agent or attorney is strongly recommended.
If you need help with patent search, specification drafting, filing, or prosecution, our team at IncorpX can connect you with experienced patent professionals and guide you through the complete process.
Frequently Asked Questions
What is a patent and what rights does it give?
A patent is an exclusive right granted by the government to an inventor for a limited period (20 years in India) in exchange for public disclosure of the invention. The patent holder has the exclusive right to make, use, sell, offer for sale, and import the patented invention in India. This means no other person or business can commercially exploit the patented invention without the patent holder's permission. If someone infringes the patent, the holder can take legal action in court to seek an injunction (stop the infringement) and claim damages. A patent is a territorial right, meaning an Indian patent is valid only in India.
What inventions can be patented in India?
To be patentable in India, an invention must meet three criteria: Novelty (the invention must be new and not disclosed anywhere in the world before the filing date through publications, patents, public use, or oral disclosure), Inventive step (the invention must not be obvious to a person with ordinary skill in the field; it must involve a technical advance or economic significance), and Industrial applicability (the invention must be capable of being manufactured or used in industry, agriculture, or any practical field). Products, processes, machines, compositions of matter, and improvements to existing inventions can all be patented if they meet these criteria.
What inventions cannot be patented in India?
The Patents Act, 1970 (Sections 3 and 4) lists the following as non-patentable: inventions that are frivolous or contrary to natural laws, inventions harmful to public health or environment, mere discoveries of scientific principles or abstract theories, discovery of known substances or known processes, substances obtained by mere admixture, methods of agriculture or horticulture, any process for medicinal or surgical treatment of humans or animals, plants and animals (other than microorganisms), mathematical or business methods, computer programs per se (pure software without technical effect), literary or artistic works, mental acts or rules for playing games, presentation of information, topography of integrated circuits, and traditional knowledge.
What is the difference between a provisional and complete patent specification?
A provisional specification is a preliminary document filed to secure an early filing date (priority date) when the invention is still under development. It requires only a general description of the invention and does not need claims. The applicant must file a complete specification within 12 months of filing the provisional, or the application is deemed abandoned. A complete specification is the full document containing a detailed description, claims defining the scope of protection, an abstract, and drawings. You can file a complete specification directly without first filing a provisional if your invention is fully developed.
How much does patent registration cost in India?
Patent registration costs vary based on the applicant category. For a natural person or startup: filing fee is 1,600 rupees (e-filing), examination request fee is 4,000 rupees, and total government fees through grant are approximately 8,000 to 15,000 rupees. For small entities: filing fee is 4,000 rupees, examination fee is 10,000 rupees. For other entities (large companies): filing fee is 8,000 rupees, examination fee is 20,000 rupees. In addition to government fees, patent attorney or agent fees for drafting and prosecution typically range from 25,000 to 1,50,000 rupees depending on the complexity of the invention. Total cost for an individual or startup is typically 40,000 to 1,00,000 rupees; for companies, 1,00,000 to 3,00,000 rupees.
How long does patent registration take in India?
The patent registration process in India typically takes 2 to 4 years from filing to grant. The timeline breaks down as: filing to publication (18 months unless early publication is requested), examination request (can be filed anytime within 48 months), first examination report (typically issued within 1 to 6 months after examination request), response and prosecution (6 to 12 months), and grant decision. Startups registered under Startup India can avail expedited examination, which can reduce the total process to 12 to 18 months. The timeline depends on the Patent Office workload, the complexity of the invention, the number of examination objections, and whether any opposition is filed.
What is a prior art search and why is it important?
A prior art search is a systematic search of existing patents, published patent applications, scientific literature, and publicly available information to determine what has already been disclosed in the field of your invention. It is important because: it helps assess whether your invention is truly novel before investing in the filing process, it provides references that you can use to draft stronger claims that distinguish your invention from existing art, it reduces the risk of rejection during examination, and it identifies potential infringement risks if your invention overlaps with existing active patents. Use databases like InPASS, Google Patents, WIPO PatentScope, USPTO, and Espacenet for comprehensive searching.
Can software be patented in India?
Computer programs per se are excluded from patentability under Section 3(k) of the Patents Act. However, inventions that involve software in combination with hardware or software that produces a technical effect beyond the normal interaction between software and hardware may be patentable. The Indian Patent Office has issued guidelines clarifying that if the invention involves a novel hardware component, if the software creates a technical advancement or solves a technical problem with a technical solution, or if the combination of software and hardware produces a technical effect, it may be eligible for patent protection. Pure algorithms, business methods implemented through software, and app ideas without technical novelty are not patentable.
What is the role of a patent agent or patent attorney in India?
A registered patent agent (qualified under the Patents Act) or patent attorney is a professional who specializes in patent law and practice. Their role includes: conducting prior art searches, advising on patentability of inventions, drafting the patent specification including claims and drawings, filing the patent application with the Patent Office, responding to examination reports and objections (patent prosecution), representing the applicant in hearings before the Controller of Patents, handling opposition proceedings, and advising on patent portfolio strategy. While it is legally permissible for an inventor to file a patent application themselves, the drafting of claims and prosecution is technically complex, and using a professional dramatically increases the chances of obtaining meaningful patent protection.
What is patent publication and when does it happen?
Every patent application filed with the Indian Patent Office is published in the Official Patent Journal after 18 months from the filing date or priority date, whichever is earlier. The publication makes the complete specification and drawings available to the public. After publication, any person can inspect the application and file a pre-grant opposition. The applicant can also request early publication by filing Form 9 with the prescribed fee, which results in publication within approximately 1 month of the request. Early publication is useful when the applicant wants to establish their invention in the public domain quickly or when they want to trigger the examination process sooner.
What is a patent claim and why is it important?
Patent claims are the most critical part of the patent specification. They legally define the scope of the invention that is protected by the patent. Everything outside the claims is not protected. Claims are written in a specific legal format with independent claims defining the broadest scope of protection and dependent claims adding specific features or limitations. Strong claims are broad enough to provide meaningful protection against competitors but narrow enough to overcome prior art objections. Poorly drafted claims can make the patent worthless even if the invention is brilliant. This is why professional patent agents specialize in claim drafting.
What is patent examination and what happens during it?
Patent examination is the process where a Patent Examiner at the Indian Patent Office reviews the patent application to determine whether the invention meets all patentability requirements. The examiner conducts a prior art search, reviews the specification and claims, and issues a First Examination Report (FER) listing objections and requirements. Common examination objections include: cited prior art that anticipates the invention (lack of novelty), prior art combinations making the invention obvious (lack of inventive step), claims being unclear or overly broad, insufficient description for a skilled person to reproduce the invention, non-patentable subject matter, and formal deficiencies. The applicant must address all objections within 6 months.
What is the First Examination Report (FER) in patent registration?
The First Examination Report (FER) is the official communication from the Patent Examiner listing all objections, requirements, and observations on the patent application. It cites prior art references that the examiner considers relevant to the novelty and inventive step of the claimed invention, identifies any subject matter exclusions, highlights specification deficiencies, and raises formal objections. The applicant must file a written response addressing each objection within 6 months from the FER date, extendable by 3 months. The response typically includes arguments explaining why the claims are novel and inventive over the cited prior art, amendments to claims to overcome objections, and corrections of formal errors.
What is pre-grant opposition in patent registration?
Pre-grant opposition under Section 25(1) of the Patents Act allows any person to oppose the grant of a patent after the application is published but before it is granted. Grounds for pre-grant opposition include: the invention was previously published or publicly known, the invention lacks inventive step, the subject matter is not patentable under Sections 3 or 4, the specification is insufficient, the applicant wrongfully obtained the invention, and the invention was anticipated by traditional knowledge. The opponent files a representation with the Controller, who considers it along with the applicant's response before making a decision on the patent application.
What is post-grant opposition in patent registration?
Post-grant opposition under Section 25(2) can be filed by any person interested (someone with a commercial or research interest in the field) within 12 months from the date of patent publication in the Patent Journal. The grounds are the same as pre-grant opposition, but the procedure is more formal. The Controller constitutes an Opposition Board of three members who examine the opposition and submit a recommendation. Both parties can be heard before the Controller makes a final decision. If the opposition is successful, the patent can be revoked. Post-grant opposition is a powerful tool used by competitors, generic drug manufacturers, and public interest groups to challenge patents.
What is expedited examination for startups?
The Indian Patent Office offers expedited examination for startups registered under the Startup India initiative. By filing Form 18A with the expedited examination fee, startups can get their patent applications examined much faster than the normal queue. Under expedited examination, the First Examination Report is typically issued within 1 to 3 months of the request, compared to potentially 12 or more months in the normal process. The total time from filing to grant can be reduced to 12 to 18 months. To qualify, the applicant must be recognized as a startup under the DPIIT Startup India program. This is a significant benefit for startups needing patent protection quickly for fundraising or market entry.
What is a Patent Cooperation Treaty (PCT) application?
The PCT (Patent Cooperation Treaty) is an international treaty that allows inventors to file a single international patent application to seek patent protection in up to 157 countries simultaneously. Filing a PCT application at the Indian Patent Office (as the receiving office) gives you an international filing date recognized by all PCT member countries. Within 30 or 31 months from the priority date, you must enter the national phase in each country where you want patent protection by filing national applications with translation and paying national fees. The PCT route does not grant an international patent but simplifies and delays the cost of filing in multiple countries, giving you more time to assess commercial potential before committing to expensive multi-country filings.
What is a convention patent application?
A convention application is filed in India claiming priority from an earlier patent application filed in a Convention country (a country that is a member of the Paris Convention or WTO). The convention application must be filed within 12 months of the first filing date in the convention country. The benefit is that the Indian application gets the same priority date as the original foreign application, meaning any publication or disclosure between the two filing dates does not affect the novelty of the Indian application. This is the route used when an inventor first files in one country and then seeks patent protection in India.
How do I file a patent application online in India?
The Indian Patent Office supports e-filing through the portal at ipindiaonline.gov.in. The process involves: creating an account on the e-filing portal, selecting the appropriate forms (Form 1 for application, Form 2 for specification, Form 3 for foreign filing statement, Form 5 for inventorship declaration, Form 26 for power of attorney), uploading the patent specification, drawings, and abstract as PDF documents, selecting the applicant category (natural person, startup, small entity, or other entity) for the correct fee schedule, paying the filing fee through the online payment gateway (net banking, debit card, or NEFT), and submitting the application. The system generates an application number and filing date immediately upon successful submission.
What are the annual renewal fees for maintaining a patent in India?
Patent renewal fees must be paid annually starting from the 2nd year from the filing date. The fee increases progressively over the 20-year patent term. For natural persons and startups, renewal fees start at approximately 800 rupees per year for early years and increase to approximately 4,000 to 8,000 rupees per year in later years. For other entities (companies), fees range from 2,000 rupees per year in early years to 16,000 to 40,000 rupees per year in later years. If renewal fees are not paid by the due date, a 6-month grace period is available with additional surcharge. If fees remain unpaid after the grace period, the patent lapses (expires). A lapsed patent can be restored by filing a restoration request with fees within 18 months.
Can I patent an idea or concept in India?
No, you cannot patent a mere idea or concept. A patent protects an invention, not an idea. To be patentable, the idea must be developed into a specific technical solution that is novel, involves an inventive step, and has industrial applicability. For example, the idea of a phone that charges wirelessly is not patentable by itself, but a specific technical design and process for achieving wireless charging with a particular coil configuration and circuitry is patentable. You must be able to describe the invention in sufficient technical detail that a person skilled in the field could reproduce it.
What is the difference between a patent, trademark, and copyright?
These are three distinct forms of intellectual property: A patent protects inventions (new and useful processes, machines, products, or compositions) for 20 years. A trademark protects brand names, logos, symbols, and slogans that identify the source of goods or services, and can be renewed indefinitely. A copyright protects original creative works (literary, artistic, musical, software code) for the lifetime of the author plus 60 years. A patent protects how something works, a trademark protects how something is identified, and a copyright protects how something is expressed.
What is compulsory licensing of patents in India?
Compulsory licensing under Sections 84 to 92 of the Patents Act allows the government to authorize a third party to make, use, or sell a patented invention without the patent holder's consent. Compulsory licensing can be granted after 3 years from the date of patent grant on the grounds that: the reasonable requirements of the public are not satisfied, the patented invention is not available at a reasonably affordable price, or the patented invention is not worked (manufactured or used) in India. India notably issued a compulsory license for a cancer drug (sorafenib) in 2012. The compulsory licensee must pay adequate royalty to the patent holder.
What is patent infringement and how is it handled in India?
Patent infringement occurs when a person makes, uses, sells, offers for sale, or imports a patented invention without the patent holder's permission. The patent holder can file a civil suit in the District Court or High Court seeking: an injunction (court order to stop the infringing activity), damages (monetary compensation for losses suffered), an account of profits (infringing party's profits from the infringement), and delivery up (surrender of infringing products). The suit must be filed within 3 years from the date of infringement. The burden of proof is on the patent holder to demonstrate infringement. For process patents, the burden of proof may shift to the alleged infringer.
Can I patent a pharmaceutical drug or medicine in India?
Yes, pharmaceutical compounds, formulations, and manufacturing processes can be patented in India, subject to specific provisions. However, Section 3(d) of the Indian Patents Act restricts patents on new forms of known substances unless they demonstrate significantly enhanced efficacy. This provision was designed to prevent evergreening (extending patent life through minor modifications). New chemical entities (NCEs) with proven therapeutic activity are patentable. Pharmaceutical manufacturing processes are also patentable. India grants both product and process patents for pharmaceuticals, but the Section 3(d) requirement for enhanced efficacy is a higher bar than in many other countries.
What is a patent search and how do I conduct one?
A patent search involves systematically searching existing patents and publications to understand the prior art landscape for your invention. Use these databases: InPASS (Indian Patent Advanced Search System at ipindiaonline.gov.in) for Indian patents, Google Patents for worldwide patents with AI-powered similarity search, WIPO PatentScope for international PCT applications, USPTO for US patents, and Espacenet for European patents. Search using keywords related to your invention, classify your invention using IPC (International Patent Classification) codes for more precise results, and review the cited references in relevant patents to find additional prior art. A professional patent search by a patent agent costs 5,000 to 25,000 rupees but significantly improves the quality of your application.
What is the working requirement for patents in India?
Under Section 83 of the Indian Patents Act, patents granted in India are expected to be worked (commercially exploited) in India. The patent holder must file a Statement of Working (Form 27) with the Patent Controller annually, disclosing the extent to which the patented invention has been commercially worked in India, whether through manufacturing, importation, or licensing. If the patent is not worked in India, the government can issue a compulsory license after 3 years. The Form 27 requirement has been debated and reformed, but patent holders should ensure they commercialize their patents in India to avoid compulsory licensing risks.
What is a design patent versus a utility patent?
In India, utility patents (simply called patents) protect the functional aspects of an invention (how a product works, its technical features, or a process). Design patents (called design registrations in India under the Designs Act, 2000) protect the ornamental or aesthetic appearance of a product (its shape, pattern, configuration, or surface ornamentation). For example, a new engine mechanism would be protected by a utility patent, while the unique shape of a car body would be protected by a design registration. Design registration is faster (4 to 6 months), cheaper, and valid for 15 years. Many products benefit from both utility patent and design registration for comprehensive protection.
How do I file a patent application for a startup?
Startups recognized under the DPIIT Startup India program get significant benefits in patent registration: 80 percent fee reduction on all patent filing, examination, and renewal fees (same as natural person fees), eligibility for expedited examination through Form 18A to fast-track the process, and access to the government's patent facilitator scheme where the government bears the patent agent fees for startups. To avail these benefits, ensure your entity is registered as a startup on the Startup India portal and attach the DPIIT recognition certificate with your patent application. This makes patent protection accessible even for early-stage startups with limited budgets.
Can I file a patent application in multiple countries?
Yes. You can seek patent protection in multiple countries through several routes: Direct filing in each country (expensive and complex), Convention route where you file in India first and then claim priority in other countries within 12 months, or PCT (Patent Cooperation Treaty) route where you file one international application that can enter up to 157 countries within 30/31 months. For Indian applicants, there is a mandatory requirement: you must either file the patent in India first or obtain Foreign Filing Permission from the Indian Patent Controller before filing abroad (Section 39). Filing abroad without permission is a criminal offense punishable with imprisonment up to 2 years.
What happens after a patent expires?
An Indian patent expires at the end of 20 years from the filing date or earlier if renewal fees are not paid. Once expired, the invention enters the public domain, meaning anyone can freely make, use, sell, or import the invention without the former patent holder's permission. No royalties or licenses are needed. Patent expiry is particularly significant in the pharmaceutical industry where generic drug manufacturers wait for drug patents to expire before producing affordable generic versions. The patent holder should maximize the commercial exploitation of the patent during its 20-year term through manufacturing, licensing, or technology transfer.
What is a patent assignment and how does it work?
A patent assignment is the transfer of ownership (all rights, title, and interest) of a patent from one person or entity to another. The assignment must be in writing in the form of an assignment deed and must be registered with the Indian Patent Office by filing Form 16 within 6 months of the assignment date. Once registered, the assignee becomes the new owner of the patent with all rights including the right to enforce, license, or further assign the patent. Assignment is commonly used when individual inventors transfer their patents to their company, when startups assign IP to new corporate entities, or when patents are sold to other businesses.
What is patent licensing and how does it work?
A patent license is a contractual agreement where the patent holder (licensor) grants permission to another party (licensee) to use the patented invention in exchange for royalties or a lump sum payment. Unlike assignment, ownership remains with the licensor. Licenses can be exclusive (only one licensee), non-exclusive (multiple licensees), or sole (one licensee plus the licensor). The license agreement should specify the scope of permitted activities, geographic territory, duration, royalty structure, sublicensing rights, quality control provisions, and termination clauses. License agreements must be registered with the Patent Office by filing Form 16 to be enforceable against third parties.
What is the patent prosecution highway (PPH)?
The Patent Prosecution Highway (PPH) is a bilateral agreement between patent offices of different countries that allows an applicant whose claims have been found patentable by one patent office to request expedited examination in another participating patent office. India has PPH agreements with the Japan Patent Office (JPO) and the USPTO. If your patent application has been examined and found allowable in Japan or the US, you can request expedited examination in India by citing the foreign examination results, which significantly speeds up the Indian examination process.
How do I protect my invention before filing a patent?
Before filing a patent, protect your invention through confidentiality measures: use Non-Disclosure Agreements (NDAs) before sharing invention details with potential investors, partners, manufacturers, or employees. Mark all documents as confidential. Avoid public disclosure of the invention through publications, presentations, social media posts, or product launches, as any public disclosure before the filing date destroys the novelty requirement. Keep detailed invention records with dates, witnesses, and documentation of the development process. File a provisional patent application to secure an early filing date before presenting the invention to anyone without an NDA.
What is the patent evergreening controversy?
Patent evergreening refers to the practice of extending patent protection beyond the original 20-year term by filing new patent applications for minor modifications, new forms, or new uses of an already patented invention. India's Patents Act specifically addresses this through Section 3(d), which prohibits patents on new forms of known substances unless they show significantly enhanced therapeutic efficacy. This provision was famously applied in the Novartis v. Union of India case (2013) where the Supreme Court rejected a patent application for a modified form of the cancer drug imatinib (Glivec). India's position on evergreening is considered pro-public health and has been both praised and criticized internationally.
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