Patent Registration
What is a Patent?
A patent is an exclusive legal right granted to an inventor for their invention. This right allows the patent holder to manufacture, use, sell, and import the invention for a limited period (typically 20 years), while preventing others from doing the same without permission.
In India, patent registration is governed by the Indian Patents Act, 1970, and administered by the Office of the Controller General of Patents, Designs, and Trademarks.
Why is Patent Registration Important?
Patent registration in India offers multiple benefits, such as:
- Exclusive ownership of the invention
- Legal protection against unauthorized use
- Increases the commercial value of the invention
- Attracts investment and licensing opportunities
- Provides a competitive edge in the market
Eligibility Criteria for Patent Registration
To be eligible for a patent in India, an invention must meet the following criteria:
- Novelty – The invention must be new and not known to the public.
- Inventive Step – It should not be obvious to a person skilled in the same field.
- Industrial Applicability – The invention must be capable of being used in an industry.
- Patentable Subject Matter – The invention must not fall under the non-patentable list under Section 3 and 4 of the Patents Act.
What Cannot Be Patented in India?
Under the Indian Patents Act, the following are non-patentable:
- Frivolous inventions
- Inventions contrary to public order or morality
- Mere discoveries or scientific theories
- A method of agriculture or horticulture
- Mathematical methods or business methods
- Computer programs per se (unless they show a technical effect)
- Traditional knowledge
Step-by-Step Process of Patent Registration in India
- Patent Search
Before filing a patent application, conduct a patentability search to ensure your invention is unique. This helps avoid duplication and saves time and resources.
- Drafting the Patent Application
Prepare a detailed patent specification, which can be:
- Provisional – If the invention is still under development
- Complete – When the invention is finalized
The specification includes the invention’s title, field, background, description, drawings, and claims.
- Filing the Patent Application
File the application at the Indian Patent Office either online or physically, with the following documents:
- Patent specification (provisional or complete)
- Form 1 (Application for Grant of Patent)
- Form 2 (Provisional/Complete Specification)
- Form 3 (Statement and Undertaking)
- Form 5 (Declaration of Inventorship)
- Abstract of the invention
- Drawings (if applicable)
- Publication of Patent Application
The application is published in the Official Patent Journal after 18 months from the filing date. Early publication can be requested by filing Form 9.
- Request for Examination (RFE)
File Form 18 to request examination. The application is examined for patentability, novelty, inventive step, and industrial applicability.
- Examination and Objection
If the Controller raises objections, a First Examination Report (FER) is issued. The applicant must respond within 6 months to address all objections.
- Grant of Patent
If the application meets all legal requirements and no further objections are raised, the patent is granted and published in the Patent Journal.
Timeline for Patent Registration in India
Stage | Duration |
Filing of Application | Day 1 |
Publication | After 18 months (or early) |
Request for Examination | Within 48 months of filing |
Examination Process | 12–24 months |
Grant of Patent | Varies, typically 2–3 years |
Documents Required for Patent Registration
- Application Form (Form 1)
- Patent Specification (Form 2)
- Declaration of Inventorship (Form 5)
- Power of Attorney (if using an agent)
- Priority documents (if applicable)
- Abstract of the invention
- Drawings/diagrams (if necessary)
Who Can Apply for a Patent in India?
The following entities can apply for a patent:
- Individual inventor(s)
- Joint inventors
- Startups and MSMEs
- Companies
- Legal representatives or assignees
Patent Registration for Startups and MSMEs
The Indian government encourages startups and MSMEs by offering:
- Reduced government fees
- Fast-track examination
- IP facilitation services
Make sure to register as a DPIIT-recognized startup to claim these benefits.
Advantages of Patent Registration in India
1.Legal protection of innovation
2.Monetization through licensing/sale
3.Competitive market advantage
4.Encourages research & development
5.Builds brand credibility and trust
Common Mistakes to Avoid
1.Not conducting a patent search
2.Poorly drafted patent specification
3.Delay in filing application or RFE
4.Sharing invention publicly before filing
5.Ignoring patent renewal deadlines
FAQs on Patent Registration in India
A patent is valid for 20 years from the date of filing.
Software per se is not patentable, but if it’s linked to hardware or has a technical application, it might qualify.
Costs vary depending on applicant type and legal service fees. Government filing fees start from ₹1,600.
While not mandatory, hiring a professional ensures accuracy and increases the chances of approval.
Author: Nyaya Setu Legal Association
Disclaimer: This article is intended for informational purposes only and does not constitute legal advice. For specific legal assistance regarding Patent Registration, please consult us for more option.