PATENT REGISTRATION IN INDIA
What is a Patent?
A Patent is a statutory right granted by the Government of India to the inventor/applicant for an invention that is new, inventive, and industrially applicable. It allows the inventor to exclude others from using, making, selling, or importing the invention for 20 years from the filing date.
Legal Framework
- The Patents Act, 1970 (amended in 2005)
- The Patents Rules, 2003 (last amended in 2021)
- Administered by: Controller General of Patents, Designs & Trade Marks (CGPDTM)
- Website: https://ipindia.gov.in
Who Can Apply?
- Individual inventors
- Startups / Small entities
- Companies / Institutions
- Legal heirs or representatives of deceased inventors
- Assignees (employers/organizations)
Conditions for Patentability
| Requirement | Description |
|---|
| Novelty | Not disclosed in prior art globally |
| Inventive Step | Not obvious to a skilled person |
| Industrial Use | Capable of being made/used in industry |
| Patentable Subject | Should not fall under Section 3 or 4 of the Act |
Non-Patentable Inventions (Section 3 & 4 Highlights)
| Clause | Non-Patentable Subject |
|---|
| 3(a) | Frivolous or contrary to public order |
| 3(c) | Discoveries of scientific principles |
| 3(d) | New use/form of known substance without enhancement |
| 3(i) | Methods of treatment (humans/animals) |
| 3(k) | Algorithms & computer programs per se |
| 3(p) | Traditional knowledge |
| 4 | Atomic energy-related inventions |
Types of Patent Applications
| Type | Use Case |
|---|
| Provisional | Early-stage filing to secure priority date |
| Complete | Final specification (must follow provisional within 12 months) |
| Ordinary | Filed directly in India without claiming priority |
| PCT National Phase | Entry in India via international PCT route |
| Divisional | If original application has more than one invention |
| Patent of Addition | For modifications/improvements to an existing patent |
Documents Required
- Form 1 – Patent application
- Form 2 – Provisional/Complete specification
- Form 3 – Statement of foreign filings
- Form 5 – Declaration of Inventorship
- Form 9 – Early Publication request (optional)
- Form 18/18A – Request for Examination / Expedited
- Form 26 – Power of Attorney (if via agent)
- Drawings/Diagrams
- Priority documents (for foreign priority claim)
- Fee Receipt
Step-by-Step Patent Registration Process
- Patent Search — Conduct a novelty check (IP India, WIPO, Google Patents)
- Draft Specification — Draft provisional or complete with claims, abstract, diagrams
- File Application — File online via ipindia.gov.in or physically
- Publication — Automatically after 18 months or early via Form 9
- Request for Examination — File Form 18 within 48 months; Startups/women can file Form 18A for expedited examination
- Examination by Controller — Examiner issues First Examination Report (FER)
- Reply to FER — Respond within 6 months (extendable by 3 months)
- Hearing (if required) — Attend hearing; make representations
- Grant of Patent — If accepted, certificate issued and published in Journal
- Post-Grant Compliance — Annual renewal from 3rd year, file Form 27 annually, register license/assignment if applicable
Opposition to Patent
| Type | When | By Whom |
|---|
| Pre-grant | After publication, before grant | Any third party |
| Post-grant | Within 12 months after grant | Any interested party |
Timelines Summary
| Stage | Timeframe |
|---|
| Publication | 18 months from filing |
| RFE Deadline (Form 18) | Within 48 months |
| FER Issuance | 6–12 months after RFE |
| FER Response | 6 months (extendable 3) |
| Grant (Avg. timeline) | 2 to 3.5 years (Expedited: ~1 year) |
Patent Fees (As per 2021 Amendment)
| Entity Type | Filing Fee | Examination Fee | Renewal Fee (Annual) |
|---|
| Individual/Startup | ₹1,600 | ₹4,000 | ₹800–₹2,400/year |
| Small Entity | ₹4,000 | ₹10,000 | ₹2,000–₹6,000/year |
| Large Entity | ₹8,000 | ₹20,000 | ₹4,000–₹12,000/year |
50% concession for educational institutions & women applicants
International Patent Filing Options
- PCT (Patent Cooperation Treaty) — Centralized filing; gives 30–31 months to enter India or other countries
- Paris Convention — File in member countries within 12 months of Indian application
Common Mistakes to Avoid
- Missing Form 18 deadline (48 months)
- Incomplete or vague specification
- Failure to file Form 27
- Not responding to FER on time
- Ignoring renewal fee (patent lapses)
- Over-disclosing invention before filing
Benefits of Patent Registration
- Exclusive rights for 20 years
- Enables licensing and royalty income
- Boosts startup valuation and investor trust
- Legal enforcement against infringement
- Grants competitive advantage
Need Professional Help?
Lexclaws.com offers end-to-end Patent filing, objection replies, hearings, and renewals.
👉 Visit: www.lexclaws.com
