Patents
Patent Registration in India
Secure exclusive rights to your invention for up to 20 years. Expert patent attorneys for drafting, filing, prosecution and grant.
What Is a Patent?
A patent is a statutory right granted by the government to an inventor, giving them exclusive rights to make, use, sell, and import their invention in India for a period of 20 years from the date of filing. In exchange, the inventor publicly discloses the invention so that it can contribute to the pool of technical knowledge.
In India, patents are governed by the Patents Act, 1970 (amended in 2005) and administered by the Indian Patent Office (IPO) under the Office of the Controller General of Patents, Designs and Trade Marks. Defence-related patents carry a term of 7 years.
Types of Patent Applications in India
Ordinary Application
The standard application filed without claiming priority from any earlier application. Most first-time filers use this route. Can be filed with a provisional or complete specification.
Convention Application
Filed within 12 months of the first filing in a Paris Convention member country, claiming priority from that earlier application. Retains the original filing date as the priority date.
PCT Application (National Phase)
Filed under the Patent Cooperation Treaty, which allows protection in 150+ countries through a single international application. The national phase in India must be entered within 31 months.
Patent of Addition
Filed when an inventor wants to protect an improvement or modification of their already-patented invention. It runs concurrently with the main patent and lapses when the main patent does.
Divisional Application
Filed when an original application contains more than one invention. The applicant divides the application into two or more to pursue each invention separately.
Provisional Application
A placeholder application that establishes a priority date while the inventor finalises the complete specification. Must be followed by a complete specification within 12 months.
What Can and Cannot Be Patented?
Patentable Subject Matter
- Novel products — new compounds, devices, machines, or compositions
- Novel processes — new manufacturing methods, chemical processes
- Improvements on existing products or processes
- Software with a technical effect or industrial application
- Biotechnology inventions (excluding naturally occurring micro-organisms)
Non-Patentable Subject Matter (Section 3)
- Abstract ideas, discoveries, and scientific theories
- Mathematical methods and business methods per se
- Computer programs per se (without a technical effect)
- Living organisms found in nature, plants, and animals
- Methods of treatment of human or animal body
- Inventions contrary to morality or public order
Eligibility Criteria for a Patent
For an invention to be patentable in India, it must satisfy three fundamental criteria:
Novelty
The invention must be new — it should not have been disclosed anywhere in the world before the filing date. Any prior publication, use, or sale anywhere in the world destroys novelty.
Inventive Step (Non-Obviousness)
The invention must not be obvious to a person skilled in the relevant technical field. It must represent a genuine technical advance over what is already known.
Industrial Application
The invention must be capable of being made or used in an industry. Purely theoretical inventions or those with no practical utility cannot be patented.
The Patent Registration Process
01
Patentability Search
Before filing, we conduct a thorough prior art search across patent databases (Espacenet, Google Patents, IP India) to assess novelty and inventive step.
02
Provisional Application
File a provisional specification to secure your priority date while the complete specification is being prepared. You get 12 months to file the complete spec.
03
Complete Specification & Claims
We draft the full specification including the description, drawings, abstract, and most importantly, the claims — the legal boundaries of your patent protection.
04
Filing & Publication
The application is filed at the Indian Patent Office. It is published in the Patent Journal after 18 months from the priority date (or earlier on request).
05
Request for Examination (RFE)
An RFE must be filed within 31 months of the priority date. The examiner issues a First Examination Report (FER) within 1–3 months of the request.
06
Prosecution & Grant
We respond to the FER and any subsequent objections. Once the examiner is satisfied, the patent is granted and published in the Patent Journal.
Typical Timeline: From filing to grant takes 3–5 years in India, depending on the technology and examination backlog. Provisional protection begins from the date of filing.
Documents Required
From the Inventor
- Complete description of the invention (technical write-up or disclosure)
- Drawings, diagrams, or flowcharts if applicable
- PAN card and address proof of the inventor
- Declaration of inventorship (Form 5)
- Power of Attorney / Statement and Undertaking (Form 1)
For Assigned / Corporate Patents
- Assignment deed (if rights assigned to a company)
- Certificate of Incorporation
- Board resolution authorising the filing
- Priority document (for convention applications)
- Translation of priority document (if in a foreign language)
What's Included
Filed within 24 hours
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Patentability Assessment
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Provisional / Complete Specification Drafting
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Application Filing
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Examination Support
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Consultation with a Patent Expert
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Application Monitoring
Frequently Asked Questions
How long does a patent last in India?
A patent is granted for 20 years from the date of filing of the complete specification. For defence inventions, the term is 7 years. The patent lapses if annual renewal fees are not paid.
Can I file a patent for software?
Software per se cannot be patented in India. However, software that produces a technical effect or is part of a larger technical process (e.g., an embedded control system) may be patentable.
What is the difference between a provisional and a complete specification?
A provisional specification is a brief description filed to secure the priority date. It must be followed by a complete specification — including detailed claims — within 12 months. A patent is only granted on a complete specification.
Can a patent be challenged after grant?
Yes. A granted patent can be challenged by a third party through post-grant opposition before the Patent Office or revocation proceedings before the Intellectual Property Division of the High Court.
Is an Indian patent valid internationally?
No. An Indian patent provides protection only within India. For international protection, you must file in each country individually or use the PCT route to enter multiple national phases.
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