Patent Registration
A patent grants the inventor exclusive rights to make, use, sell and import an invention. It is governed by the Patents Act, 1970 and regulated by the Office of the Controller General of Patents, Designs & Trade Marks.
Overview
The term Patent denotes an exclusive right granted to an inventor to make, sell, use and import the invention, and to prevent others from doing so. Patents in India are governed by the Patents Act, 1970 and Patent Rules, 1972, administered by the Patent Office under the Controller General of Patents, Designs & Trade Marks.
What can be Patented in India?
Any invention relating to a process, product, machine, or improvement that is novel, non-obvious and industrially applicable can be patented in India.
Factors considered for Registration
- Novelty: The invention must be new and not previously available in India.
- Non-Obviousness: It must not be obvious to a person skilled in the art.
- Industrial Applicability: The invention must be capable of practical application in industry.
Benefits of Patent Registration
Key commercial and legal advantages
Requirements for Obtaining a Patent in India
- Patentable Subject Matter: Ensure the invention does not fall under non-patentable subject matter (see Sections 3 & 4 of the Patents Act).
- Inventive Step / Non-obviousness: The invention should involve an inventive step not obvious to a person skilled in the art.
- Novelty: The invention must be novel and not previously disclosed anywhere.
- Industrial Applicability: Must be practically usable in industry or commerce.
Different Types of Patent Applications
Ordinary Application
A fresh application filed in India — filing date = priority date.
Conventional Application
Filed in India claiming priority from an earlier foreign filing (within 12 months).
PCT International Application
Filed under the PCT to seek protection in multiple countries (up to 142).
PCT National Phase Application
Entry into India from an international PCT filing (within ~31 months).
Patent Registration Procedure (High-level)
1. Novelty / Patentability Search
Conduct a prior art search to ensure the invention is new. A one-day search often detects obvious novelty bars; complex inventions may require extended search time.
2. Drafting of Patent Application
Prepare the application (Form-1) and the specification (Form-2). Provisional specifications allow 12 months to file the complete specification.
3. Filing the Patent Application
Common forms filed include:
- Form-1: Application for grant of a patent (applicant/inventor details, declaration).
- Form-2: Provisional or complete specification (title, description, claims, abstract).
- Form-3: Statement & undertaking under Section-8 (foreign filings disclosure).
- Form-5: Declaration as to inventorship.
- Form-26: Authorization for a Patent Agent (if agent files on your behalf).
- Form-28: Small entity/start-up declaration (to claim concessions).
4. Ideation & Visualization
Document your idea, prepare diagrams and drawings that explain the invention clearly for drafting the specification.
5. Publication of Patent Application
A filed application is published in the official patent journal after 18 months of filing (early publication possible via Form-9).
6. Examination
File a request for examination (Form-18). Applications are examined on a first-come first-serve basis; the Patent Office issues a First Examination Report (FER) listing objections, if any.
7. Grant of Patent
If objections are resolved and the Examiner is satisfied, the patent is granted and published in the patent journal. Patent validity runs for 20 years from filing date.
Documents needed to get Patent Registration in India
Checklist for filing a patent application
Invention Disclosure Form
Complete disclosure describing the invention, inventor(s) and origin.
Patent Application (Form-1)
Signed application with applicant and inventor details.
Proof of Right to File
Proof that the applicant is entitled to file (assignment/authorization).
Provisional/Complete Specification (Form-2)
Provisional followed by complete specification if applicable.
Statement & Undertaking (Form-3)
Section-8 statement regarding foreign filings (if applicable).
Power of Attorney (Form-26)
If filed via a patent agent, authorization must be attached.
Biodiversity Permissions
If biological material is involved, permission from NBA may be required.
Signatures
All documents and drawing pages must be signed by applicant/agent as required.
Our Patent Filing Support (Startup / SME)
Patent filing is detailed and each invention has tailored requirements. We perform novelty searches, draft specifications, prepare all required forms, file online, respond to examination reports and guide you through grant. For startups/small entities we assist with Form-28 declarations and fee concessions where applicable.
How we work
- Collect invention details and perform novelty search.
- Draft provisional/complete specification and drawings.
- File application (Form-1 & Form-2) and request publication/examination.
- Respond to Examiner’s objections and pursue grant till completion.
Frequently Asked Questions
A patent is an exclusive right granted to the patentee for their innovative invention for a limited period, typically 20 years from filing.
A prior art search to find existing disclosures that may affect novelty — helps avoid unnecessary filing costs.
The date of first filing which determines novelty; priority claims preserve earlier filing dates (conventional/PCT).
Patent applications can be filed online via the Indian Patent Office portal using the prescribed forms (Form-1, Form-2, etc.).
The inventor or the entity to whom rights have been validly assigned. Ownership can be transferred via assignment.
Yes — patents can be assigned or licensed via agreements and recorded with the Patent Office.
Yes — file a PCT application to seek protection in multiple contracting states, then enter national phase in target countries.
Usually 18 months from filing; early publication can be requested using Form-9.
20 years from the date of filing (subject to payment of renewal/maintenance fees).
No — a separate request for examination (Form-18) must be filed; processing is first-come first-serve.
Ready to Protect Your Invention?
We provide end-to-end patent support — novelty searches, drafting, filing, prosecution and grant assistance across ordinary, conventional and PCT workflows.
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