Patent Registration in India

A patent is an exclusive right granted by the government to the inventor for an invention which is a new and inventive solution to an existing technological problem. The patent rights are granted for a limited period of time in exchange for complete public disclosure of the invention.

Requirement for invention to be patentable:

  • 1) Novelty:

    The invention must be new or novel, means that the invention must never have been made before, carried out before or used before. It must show some new characteristic which is not known in existing public knowledge (called “prior art”) in its technical field. Prior art refers to everything that has been published, presented or disclosed to the public (example on a website, article or in any magazine etc).

  • 2) Inventive Step:

    The invention must be non-obvious or involve an inventive step that means it should not be obvious to the person skilled in the art. It could not be deduced by a skilled person with good knowledge in the technical field of the invention. This person with average knowledge in the technical field is commonly called as Person Ordinarily Skilled in the Art (PHOSITA).

  • 3) Industrial Application:

    The invention must be useful or capable of industrial application. It must be capable of being made or used in the industry.

  • 4) Not publically/commercially disclosed:

    A patent application must be filed prior to any disclosure to the public that is it must not be known or used in public before filing of the patent application. (though some countries provide a grace period to waive off such disclosure)

  • 5) Patentable matter

    Finally, the invention must be part of the “patentable subject matter” under the applicable law.

Requirement for Patent filing in India :
    We can file the following types of patent applications in the Indian patent office:
  • ● Convention Application (within 12 months of the priority date)
  • ● PCT Application (National phase)-within 31 months of the priority date.
  • ● National Application (Provisional & non-provisional application)
  • 1. Application for Grant of Patent in Form 1 in duplicate [section 7, 54 & 135 and Rule 20(1)].
  • 2. Provisional/Complete specification in Form 2 in duplicate [Section 10; Rule 13]; comprising • Description • Claims • Drawing (if any) • Abstract.
  • 3. Statement and Undertaking in Form 3 in duplicate [Section 8; Rule 12].
  • 4. Power of Attorney in Form 26 (in case a patent agent is assigned) (in original)(Rule 3.3 (a)(ii)).
  • 5. Declaration of Inventorship in Form 5 in duplicate (only where applicant and inventor[s] are different);(Rule 4.17).
  • 6. Form 28 (in case the applicant is a small entity) (Rule 2 (fa) & 7).
  • 7. Certified true copy of the Priority document (in case priority is claimed).
  • 8. Requisite Statutory fees (cheque / DD).

    Procedure of Patent Registration in India :
  • Step 1 : Patentability/Novelty Search
  • Step 2 : Patent Drafting
  • Step 3 : Patent Filing
  • Step 4 : Publication
  • Step 5 : Request for Examination
  • Step 6 : Issuance of Examination Report
  • Step 7 : Hearing with the Controller
  • Step 8 : Grant of Patent

Our Package for Patent Registration Includes:

Patent Drafting
Patent Filing

Connect with our Expert Patent Attorney / Patent Agent at +91 8800926752 or email info@company360.in (Excluding Govt Fee)



Frequently Asked Questions ?

Q. WHAT IS PATENT?
A. Patent is an exclusive right given for his invention given to the patentee in exchange of his disclosure of invention and how it works. The exclusive rights includes right to exploit the invention commercially and also it act as a barrier for others from intervening in such exploitation, in the case of intervening the patentee have the right to sue and get compensation for his damages.
Q. WHAT IS THE PROCEDURE TO APPLY FOR A PATENT?
A. Patent begins with application while submitting application you need to submit provisional or complete specification about the invention. If you submitted provisional specification you will be given a time about 12 months to submit the complete specification, once you done after the examination, the report will be given and need to do requirement if it specified in the report once done and it will be published in patent journal for objection. If no objection made within 6 months, then the patent will be granted.
Q. WHAT ARE THE ESSENTIALS FOR PATENTABLITY?
A. 1) It should be either invention or inventive step.
2) Such invention or inventive step should be novel.
3) Such invention or inventive step should be non-obvious.
4) Such invention or inventive step should be capable of industrial application.
5) Such invention or inventive step should not fall under s. 3 and s. 4 of Indian patent act.
Q. HOW LONG THE PROTECTION WILL BE PROVIDED?
A. Patent protection is not permanent one it is for a limited period of time, in India it is for 20 years, later the invention will go for public domain.
Q. WHO GRANTS PATENT?
A. Generally, it will grant by the controller of patents in Indian patent office.
Q. WHO CAN APPLY FOR AN PATENT?
A. Generally, the true and first inventor or his assignee can file for a patent and certain situation his legal representatives also can file for patent.
Q. HOW CAN APPLY FOR A PATENT?
A. Can apply through an application in patent office or through online application.
Q. CAN FILE FOR PATENT FOR PUBLISHED INFORMATION?
A. No, patent is granted only for unpublished invention. The invention should be novel and non- obvious. But however our patent law provides grace period about 12months after such publication with certain condition to grant patent.
Q. WHAT CAN BE PATENTABLE?
A. Any invention or inventive step which having novelty and capable of industrial application, such inventions or inventive steps can be patentable. It should not fall on the explicit exclusions for patent under s.3 and s.4 of Indian patent act.
Q. IS THAT THE EXAMINATION/INSPECTION BEGINS AUTOMATICALLY?
A. No, the examination will begin once it was requested by the patentee. It should be requested within 48 months from the prior date or filing.
Q. WHAT WILL BE NEXT AFTER THE EXAMINATION?
A. Once the examination done, the patent officer will issue a report, based upon the report if any requirement need to made, it should be done within the 12 moths. Once done and there is no petition for objection the paten will be granted.
Q. WHAT IF NO REPLY OR NOTHING MADE FOR SUCH REQUIREMENT ASKED BY THE PATENT OFFICER WITHIN 12 MONTHS?
A. If no reply or no requirement made within 12 months, the application is deemed as abandoned one.
Q. When can we object a patent?
A. A patent can be objected in two ways one is pre grant and another post grant. Pre grant can be done within 6 months from the date of publication in the patent journal. Post grant objection can be done within 12 months from grant of patent.
Q. IS PATENT RIGHT CAN BE EXERCISED ALL OVER THE WORLD?
A. No, because it is a territorial right only can be exercised within the country.

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