Step-by-step guide to patent registration in India — from understanding what can be patented to filing the application, examination, and grant. Includes timelines, fees, and tips for successful patent prosecution.
What Is a Patent?
A patent is an exclusive right granted by the government to an inventor for a new invention — a product or process that provides a new technical solution or a new way of doing something. In India, patents are governed by the Patents Act, 1970 (as amended) and administered by the Indian Patent Office (IPO) under the Controller General of Patents, Designs and Trade Marks.
A patent gives the inventor the exclusive right to make, use, sell, and license the invention in India for a period of 20 years from the date of filing. During this period, no one can commercially exploit the patented invention without the patent holder's permission.
What Can Be Patented?
For an invention to be patentable in India, it must meet three criteria:
- Novelty: The invention must be new — it should not have been disclosed anywhere in the world before the filing date (or priority date)
- Inventive Step (Non-Obviousness): The invention must involve a technical advance or economic significance that makes it non-obvious to someone skilled in the field
- Industrial Applicability: The invention must be capable of being made or used in an industry
What Cannot Be Patented in India?
Section 3 of the Patents Act lists inventions that are not patentable:
| Exclusion | Section |
|---|---|
| Inventions contrary to public order or morality | 3(b) |
| Mere discovery of a scientific principle or abstract theory | 3(c) |
| Mere discovery of a new form or property of known substance (without enhanced efficacy) | 3(d) |
| Substance obtained by mere admixture (not resulting in synergistic properties) | 3(e) |
| Mere arrangement or rearrangement of known devices | 3(f) |
| Mathematical or business methods, algorithms, computer programs per se | 3(k) |
| Traditional knowledge | 3(p) |
| Inventions relating to atomic energy | 3(l) r/w Atomic Energy Act |
Types of Patent Applications
- Provisional Application: Filed when the invention is still in development. Secures a priority filing date. Complete specification must be filed within 12 months.
- Complete Application (Ordinary): Filed with full specification and claims when the invention is complete.
- Convention Application: Filed claiming priority from an earlier application filed in a convention country (within 12 months).
- PCT National Phase: Entry into the Indian national phase from an international PCT application (within 31 months of priority date).
Step-by-Step Patent Filing Process
Step 1: Patent Search
Conduct a prior art search to check whether your invention is truly novel. Search Indian Patent Office database (ipindiaservices.gov.in), USPTO, EPO Espacenet, and Google Patents.
Step 2: Prepare the Patent Application
Prepare the following documents with the help of a patent attorney:
- Form 1: Application for grant of patent
- Form 2: Provisional or complete specification (description, claims, abstract, drawings)
- Form 3: Statement and undertaking regarding corresponding applications in other countries
- Form 5: Declaration of inventorship
- Form 26: Power of attorney (if filed through an agent)
Step 3: File the Application
File the application online through the IP India e-filing portal (ipindia.gov.in). Select the appropriate Patent Office jurisdiction based on the applicant's address.
Step 4: Publication
The application is published in the Patent Journal after 18 months from the filing date (or priority date). Early publication can be requested by filing Form 9 with a fee.
Step 5: Request for Examination (RFE)
File Form 18 requesting examination within 48 months from the filing date (or priority date). Without RFE, the application is deemed withdrawn.
Step 6: Examination and Office Actions
A patent examiner reviews the application and issues a First Examination Report (FER) with objections. The applicant has 6 months (extendable by 3 months) to respond and overcome the objections through amendments or arguments.
Step 7: Grant of Patent
If all objections are resolved, the patent is granted and published in the Patent Journal. The patent is valid for 20 years from the filing date, subject to annual renewal fee payment.
Patent Fees (India)
| Activity | Natural Person | Startup/Small Entity | Others |
|---|---|---|---|
| Provisional Filing | ₹1,750 | ₹4,000 | ₹8,000 |
| Complete Filing | ₹1,750 | ₹4,000 | ₹8,000 |
| Request for Examination | ₹4,000 | ₹10,000 | ₹20,000 |
| Early Publication | ₹2,500 | ₹6,250 | ₹12,500 |
| Renewal (3rd-6th year) | ₹800/year | ₹2,000/year | ₹4,000/year |
| Renewal (15th-20th year) | ₹6,000/year | ₹15,000/year | ₹30,000/year |
DPIIT-recognised startups get 80% rebate on patent filing fees and expedited examination.
How The Ledger Company Can Help
The Ledger Company works with experienced patent attorneys to provide end-to-end patent registration services. From prior art search and patentability opinion to application drafting, filing, examination response, and grant, we ensure your invention is protected. Get a free consultation to discuss your patent filing.
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