Process of obtaining patent in India , As during this era of this technology boom and quick development, intellectual property protection is increasingly sought by innovators, entrepreneurs, and businesses. A patent is a valuable legal tool that gives its holder sole rights over an invention, and nobody can make, use, sell, or export the resulting process or product without permission. It is administered in India by law as per Patents Act 1970 and managed by Indian Patent Office under office of Controller General of Patents, Designs & Trade Marks (CGPDTM).
This is a step-by-step technical “how-to” manual to patenting in India from idea to grant and a little further. As entrepreneur, start-up or individual inventor, you need to be aware of this process so you can sell on your inventions and defend them.
1. What Can Be Patented, Process of obtaining patent in India
Prior to patenting, your invention will be deemed patentable or non-patentable in India. A patentable invention under the Patents Act will fulfill the following requirements:
- Novelty: The invention should be novel and undisclosed in any previous art (published information, already on sale material, or in public domain) anywhere in the world.
- Inventure Step (Non-obviousness): The invention must not be obvious to a layman or person having ordinary skills, must be economic benefit or technological advancement.
- Industrial Applicability: The invention shouldbe industriallyapplicable or producible.
- But certain inventions cannot also be patented in India such as:
- Discovery of scientific principle or abstract theory.
- New discovery of material from known substance.
- Agricultural or horticulture practice.
- Medical, surgical, or diagnostic treatment of humans or animals.
- Inventions prejudicial to public order or morals.
2. Writing down Your Invention
A well-written writing is the magic of a good patent application. They are:
- Detailed Description: Write down all that makes your invention, how it works, parts, and why yours differs from others.
- Drawings and Diagrams: Drawings and diagrams are used to define the make and working of the invention.
- Development Records: Document development on your invention with dated records, including experiments, prototypes, and changes.
Good documentation is not only a help in writing a winning patent application but is also handy as proof in case of a dispute.
3. Performing a Patent Search
Recommended highly but not required. Patent search is highly recommended. It is casting a line in granted patents, granted patent applications, and non-patent publications to see if your invention is new or not. Having done it properly will be in your interest:
- Save on patentable inventions.
- Heal the fault in existing context and restrict claims.
- Put yourself in anticipation of probable objections on testing.
Patents can also be searched using internet sources like foreign websites or the website of the Indian Patent Office, but professional search would be of most use.
4. Filing Patent Application Form
Provisional or full patent application can be filed in India.
- Provisional Application: Most suitable when your invention has not been created yet. It preserves the priority date and permits you to file the entire specification within a period of 12 months. It is a cost-effective means of claiming priority.
- Complete Application: Thorough description of the invention, i.e., to limit the field of protection. If you are satisfied with your invention, you can file it immediately.
5. Preparation of Patent Specification
Your description of the patent is at the center of your application. It has to be short, clear and precise. It will normally consist of:
- Title of Invention
- Field of Invention
- Background and Prior Art
- Summary of the Invention
- Detailed Description
- Claims: Legal limits of your invention.
- Sketches: wherever necessary, to determinethe invention.
Preparation is technical and legal because extent of protection will depend on the claim. Use of registered patent attorney or agent as expert is suggested
6. Patent Application Filing
Patent application can be filed online or electronically from any one of the four Patent Office centers (Mumbai, Chennai, Kolkata, and Delhi). Following preparations have to be made:
- Form 1: Patent grant application
- Form 2: Provisional or final specification
- Form 3: Declaration and statement of foreign application, if required.
- Form 5 : Declaration of inventor ship.
- Form 26 : Authority of patent agent, if required.
- Form 28 : Start-up and small enterprises.
- Fees : According to applicant type and claim number.
You are assigned application number and date of filing on filing, which can be used in determining priority.
7. Publication of the Application
Default rule, Indian Patent Office publishes application by default 18 months from filing date or priority date. Advance publication (Form 9) on request in favor of speedy procedure can be made. Published description of invention is public and you get temporary rights.
8. Request for Examination (RFE)
Filing the patent application is not enough. You must file a Request for Examination (Form 18) within 48 months of the priority date. Otherwise, it would never have been placed on examination or would have been considered abandoned in the future.
Once you receive the RFE, your patent application is sent by the Patent Office to an examiner, who will examine the application on technical as well as legal grounds.
9. First Examination Report (FER) and Examination
Examiner checks:
- Novelty
- Inventive step
- Industrial applicability
- Clarity and adequacy of description
- Subject matter capable of being patented
Objections or explanations of Examiner are communicated through the First Examination Report (FER). Examiner’s objections may include lack of novelty, ambiguous claims, or lack of disclosure.
10. FER response
You may reply within six months (extendable by three months) from the date of FER issue. This may involve:
- Objection reply with claim amendment.
- Technical information to be submitted separately.
- Hearing attendance, if required.
Reply by due date. Application abandonment is initiated on non-response.
11. Pre-Grant Opposition
Pre-grant and pre-publication, novelty, obviousness or non-patentable subject matter based opposition, may be raised by anyone. Controller considers the opposition and applicant response prior to grant.
12. Patent Grant
Where all the oppositions are made and none of them succeed, patent is issued. Grant is gazetted in Patent Journal, and certificate is issued to applicant. Patentee is issued exclusive right on invention in India for 20 years from filing date on payment of renewal fee from time to time.
13. Post-Grant Opposition
Even after post-grant, opposition is permitted within 12 months by any interested party. Reason also does not change pre-grant opposition. Opposition is Controller-based and can grant, amend or oppose patent.
14. Patent Maintenance
Granted patent should be maintained by renewal of renewal fees every year from third year. Patent will expire if no renewal fees are paid. Revival can be brought partially under certain conditions.
15. Commercialization and Enforcement
You as a patentee of an issued patent are entitled for:
- Production and sale of the invention.
- Sale or transfer of the patent to other individuals on royalty.
- suing infringers.
Rights of a patent are national, i.e., you will only be protected in India if not anywhere else.
16. Small Companies and Start-ups Concessions
Small and start-up companies have the luxury of low cost and rapid examination in India. You will need to furnish sponsorship evidence and comply with the terms of being qualified to avail of this concession.
17. Foreign Protection
To file foreign protection of your invention, you can
- Direct filing in all the countries within 12 months (Paris Convention route).
- Patent Cooperation Treaty (PCT) international filing in a single nation.
Foreign filing to be brought to notice of Indian Patent Office.
18. Common Mistakes to Avoid
- Disclosure before Filing: Disclosure before filing destroys novelty.
- Insufficient Specification: Rejected due to lacking or obscure descriptions.
- Deadline Misses: Always ask for deadlines; rights are lost due to lack of them.
Forgetfulness of Patentability Requirement All is not patentable; try eligibility first, and then try to do it. Indian patenting is a futuristic, wise, and cautious act of technical and legal capability. From paper and pencil to scribble out your invention and patent search to writing a good specification, braving criticism and criticism, and protecting your rights, every step matters.
Not only is a patented invention a legal right-but also a commercial commodity which can earn money in the forms of commercialization, licensing and strategic alliance. It also generates competition and, as a matter of consequence thereof, innovation.
Though the process seems to be intimidating for novice applicants, the patenting process in India is growing sweeter by the minute courtesy of e-filing and red carpet treatment to start-ups. Being service professional, well-dressed, and on time will go a long way to present your clients in the future.
Intellectual Property Rights Faq
Q1: How much does it cost to get a patent in India?
Ans) Fees vary based on the applicant type (individual, startup, small company, and company), claim number, and professional fee if you are hiring a patent agent’s services. Individuals and startups have government fees which are negligibly small.
Q2: Is it possible to get a software or business process patent in India?
Ans) Clean business processes and software are not patentable in India unless they produce a technical effect or closely simulate some machinery.
Q3: Under what circumstances can a patent application be granted in India?
Ans) 2–5 years based on prior art complexity of invention, workload reasonable for Patent Office, and expedited examination requested or not.
Q4: Suppose earlier application before filing for the sole purpose of attaining a patent application?
Ans) Early public disclosure before filing loses novelty, and your invention never will be patentable. Public disclose last then file always.
Q5: Do I need to have a patent agent draw up a patent application?
Ans) Yes, you might well do so yourself, but dealing with formalities and penning claims is hi-tech. It is wise that expert opinion be sought.
Q6: A complete specification and a provisional specification are how far apart from each other
Ans) Provisional specification is a printed document published prior to release and dated with date of filing but not claimed. Complete specification is the one wherein all are disclosed and delineates the line of protection in law.
Q7: Is there a foreign country patent application for the same invention?
Ans) Yes, but you must file within 12 months from the Indian filing date of claim to priority and disclose foreign filings to the Indian Patent Office.