In the age of innovation, now more than ever before, it is crucial to safeguard your intellectual property. If you have developed something new as an invention or a process, an Indian patent pending safeguards you with the sole right to prohibit others from selling or using your invention without your consent. Patenting might seem daunting at first with lawfulness prevailing over it, but all that you would like to know about the filing of a patent in India is parcelled out here.
Regardless of the fact that you are a solo innovator, small business owner, or an employee in the R&D department of an MNC business company, you need to have general information about the Indian patent filing process. Continue reading for the whole article, which guides you step by step — qualification and documents, timeline and cost, and laws — so your intellectual property will be protected.
What is a patent?
A patent is a governmental writing to the innovator giving official permission, meanwhile excluding the right to avoid other people’s manufacturing, selling, use, or importation of the innovation before having the permission of the innovator for a certain amount of time (often 20 years from the date when it has been submitted).
In India, the Patent Act, 1970 governs the rules and processes related to patents. It is administered by the Office of the Controller General of Patents, Designs, and Trade Marks (CGPDTM), under the Department for Promotion of Industry and Internal Trade (DPIIT).
Why is filing a patent in India important?
Filing a patent is crucial because it gives you:
- Legal protection over your invention
- A competitive advantage in the market
- Right to market your invention or license it for business purposes
- Reputation and credibility as an inventor
- Additional chances of finance, particularly for start-ups
Who can own a patent in India?
Any natural or juristic person can apply for a patent in India, including:
- Individual inventors
- MSMEs and start-ups
- Large corporations
- Research and development institutions
- bona fide inventor’s rightful heirs or assignees.
Unless a real inventor, the below documents have to be furnished.
What is patentable in India?
Your invention should satisfy the following three requirements in order to be patented in India:
- Novelty—Your invention should be novel and not earlier disclosed by any document or in the public domain prior to filing.
- Inventive Step—Your invention should not be obvious to a person having ordinary skills in the art.
- Industrial Utility—Your invention must be of industrial utility.
- Patentable Subject Matter—Your invention must be a subject matter permitted under Indian law.
What Is Not Patentable in India?
According to Sections 3 and 4 of the Indian Patent Act, the following are not permitted to be patented:
- Absurd inventions
- Horticultural or agricultural practice
- Commercial or mathematical procedures
- Algorithms
- Computer programs se
- Inventions against public order or morality
- Traditional knowledge
Indian Patent Application Forms
- Provisional Patent Application—Where invention is not brought to its final stage. Provides a priority date and grace period of 12 months for filing a normal application.
- Complete Specification (Non-Provisional Application)—Where invention is already brought to its final stage and put in position to file it for examination.
- Normal Patent Application—Filed within India alone, non-priority basis as compared to earlier filing.
- Application under Convention—Filed on claiming priority of an application made in a convention country.
- PCT Application (National Phase)—Filed on the filing in India of a PCT international application.
Step-by-Step Guide to Filing a Patent in India
Step 1: Patentability Search
Before filing, search for patentability to confirm whether your invention is new. You can search on the following websites:
- Indian Patent Advanced Search System (InPASS)
- WIPO’s PATENTSCOP
- Google Patents
- Espacenet
We recommend that you use a registered patent agent or an IP lawyer to perform the proper search and evaluation.
Step 2: Prepare Patent Application
Prepare a patent application in due form. It contains
- Title of invention
- Abstract
- Field of invention
- Background
- Full description
- Claims (defining the scope)
- Drawings, if necessary
If your invention is not yet planned, you can start with a provisional application. It provides you with a date of filing and 12 months to submit the full specification.
Step 3: Filing of Patent Application
A patent may be filed online through the Indian Patent Office government-approved website or directly in any of the four regional patent offices (Mumbai, Delhi, Chennai, and Kolkata).
You must submit
- Form 1: Application for grant of patent
- Form 2: Provisional or final specification
- Form 3: Declaration of undertaking on foreign applications
- Form 5: Declaration of Inventorship
- Form 26: Power of attorney (appointing patent agent)
- Form 28: If applicant is start-up company or small entity
Step 4: Publication of Application
Patent applications are automatically published, of course, 18 months from the date of filing. Publication is, however, voluntary earlier on request by making an application in Form 9. After publication, an invention becomes public property, and an applicant can prosecute infringers backdate-wise from the date of publication.
Step 5: Request for Examination
Going forward, you are required to submit Form 18 (Request for Examination) within 48 months from the priority date of the application.”
Examiner does:
- Formality check
- A detailed examination is conducted to assess the invention’s novelty, inventive step, and potential for industrial application.
Alternatively, expedited examination (Form 18A) may be availed by you if eligible on terms available (e.g., start-ups, women applicants, PCT applicants, etc.).
Step 6: Response to Examination Report
During examination, the First Examination Report (FER) is drawn up by the Indian Patent Office. The reply of the applicant has to be furnished within a period of 6 months, extendable thereafter by a period of 3 months. Where adjustment, amendment, or clarification has to be furnished, the latter is to be furnished.
Hearing or consultation with the examiner can be a part of the above procedure.
Step 7: Patent Grant
If the examiner finds the application acceptable, the patent is issued and its details are published in the Patent Journal. You receive the Certificate of Grant, and the patent will remain valid for 20 years from the date of filing.
How Much Time Does it Take to Get a Patent in India?
Time taken is very unpredictable:
- Without accelerated examination: 3–5 years
- With accelerated examination: 1–2 years
It will take ages long because it is postponed due to backlogs as FER responses and hearings delay it. Care must be taken thereby, and caution must be used at every stage.
Extension of Patent in India
It must be renewed every year with a renewal fee every year from the third year itself from the date of grant. Non-payment of renewal fees makes it multiple of the patent.
Renewal fees rise each year, and one must pay it at the close of last year.
Avoid Making These Common Patent Filing Mistakes
- failure to conduct pre-filing search for prior art
- incomplete patent filing
- weakly written or overly broad claims
- failure to meet exam request deadlines
- assuming too early your invention is patentable without court examination
- failure to employ professional patent agent where necessary
Patent Filing in India: Benefit
- sole rights for 20 years
- prevents unauthorized use
- boosts company value
- attracts strategic investors and partners
- allows selling or licensing royalties
- grants visibility and credibility
Conclusion
Patenting Indian will be difficult, but it will be easy as ABC with advisory. Not only do you protect your invention, but you are also eligible to thrive in selling your ideas. As it is o’clock for money in the daytime, intellectual property protection is just common sense.
If your innovation is worth something, don’t fool around — get the services of a patent professional and act now. Time, naturally, is precious money within the hysteria to get patented. Being at the bleeding edge can be life-changing amounts of money.
Intellectual Property Rights Faq
Q1. Is it possible to patent myself in India?
Ans) Yes, you can do it yourself. But warned to take advantage of the services of a registered patent agent so that you are not subjected to technical rejections and good drafting.
Q2. Is a patent universal?
Ans) No, Indian patents are local only. Foreign protection, you can apply
Q3. How fast is an Indian patent?
Ans) It will typically take 3 to 5 years to obtain a patent in India by the regular process. It shall, however, be issued within 1 to 2 years under expediting examination to start-ups and eligibility applicants.
Q4. What is a provisional patent application?
Ans) A provisional application is a provisional application that lacks your date of filing but isn’t made up of full details or claims. You will be required to submit complete specifications in 12 months if you don’t want to lose your priority date. Your invention should ideally still not be full yet to tinker with.
Q5. Is software patentable in India?
Ans) Normally, such software cannot be patented in India. However, if the software is used for installing on new hardware or generating a technical output, patenting is possible. Expert legal advice is the way out in such a situation.