How to Get Patent Registration in India – Complete Guide
A patent is a legal right given to an inventor, exclusively allowing him the right to make, use, sell, and license his creation. In India, patents for inventions promote innovative thinking by guarding intellectual property rights. Patent protection ensures that an invention cannot be copied or misused. Here in this article, you will find all the information needed for Patent Registration in India with the registration system, different types of patents, and the application process.
Table of Contents
What is a Patent?
This is a right granted to an inventor for an invention novel, useful, and non-obvious. It may be a process a product or a technology. This can be prevented by the patent holder from using or sales of anybody’s invention without his permission for a period, which is usually 20 years in India.
Why Patent?
Patenting provides several benefits:
- Exclusive Rights: You have exclusive rights to decide on who is permitted to use your invention.
- Business Value: Patents increase the value of your company’s reputation and market value.
- Revenue Generation: Your patent can generate income through licensing or selling it.
- Legal Protection: A patent gives protection against infringement.
Eligibility Criteria for Patent Registration in India
Not all inventions qualify for a patent. Your invention must meet these criteria:
- Novelty: The invention must be new and not disclosed anywhere.
- Inventive Step: It should have an innovative feature that isn’t obvious to experts in the field.
- Industrial Application: The invention must have practical use in an industry.
- Patentable Subject Matter: The invention should fall within the patentable categories defined under Indian law.
Certain inventions, such as scientific theories, natural discoveries, and abstract ideas, are not patentable in India.
8 Steps to Get Patent Registered in India
Step 1. Search for Patents
A patent search is required before applying for a patent. The Indian Patent Office database should be searched for the novelty of your invention, and the WIPO and USPTO patent databases should also be searched globally. This can save time because similar patents would be identified beforehand.
A professional patent agent or attorney can be consulted to ensure the search is accurate.
Step 2. Select your Patent Type
Registration of a design confers upon the registered proprietor the exclusive right to apply a design to any article in any class in which the design is registered. However, any invention is patentable if it satisfies the following three criteria:
a) Novelty: The invention has to be new and cannot be part of the “prior state of the art”. This prior art refers to everything that has been published, presented, or disclosed to the public (for example on a website, newspaper, or in any research article), as of the date of filing for the patent.
b) Inventiveness (Non-obviousness): An inventive step is a feature of an invention that involves technical advancement compared to the existing knowledge, and that makes the invention not obvious to a person skilled in the art.
c) Utility/Industrial Application: An invention must be capable of being produced or used in some kind of industry. Additionally, it has to take the form of a device or apparatus, a product such as some new material, or an industrial process. However, an invention is certified for patentability if it can be manufactured or can be used in at least one field of activity, or can be reproduced with the same features/ properties as many times as necessary.
Read: Trademark Registration in India
Step 3. Draft a Detailed Description of Your Invention
Write a detailed document that describes your invention. The document should include the following:
- The purpose of the invention
- Detailed design and working process
- How it solves a specific problem
- Drawings, diagrams, and schematics
The description must be clear and precise to avoid confusion during the examination process.
Step 4. Filing the Patent Application
India has two types of applications:
- Provisional Application: Filed when the invention is not completely developed. Gives you a date for priority and 12 months to complete the invention.
- Complete Application: It is filed when the invention is complete.
The patent application can be filled out online via the official portal of the Indian Patent Office or by hand at any regional office in Delhi, Mumbai, Chennai, or Kolkata.
Related: How to Get Trademark Registration in India
Step 5. Pay the Required Fees
Patent filing involves two types of fees:
- Application Fees: This depends on the type of applicant (individual, small entity, or large entity).
- Examination Fees: This is paid when requesting the patent examination. Be sure to pay the fees within the deadlines to avoid delays.
Step 6. Publication of the Patent Application
Once submitted, the patent application is published in the Patent Journal after 18 months. For expedited publication, you can file for early publication by paying an extra fee. Early publication allows more transparency in your invention and warns your competitors about it.
Step 7. Patent Examination
Publication triggers the examination process of the patent. To this effect, within 48 months of filing, you should submit a request for examination (RFE).
In the case of examination, the patent office analyses your application for:
- Novelty
- Inventive step
- Industrial applicability
You are likely to get objections if the examiner finds any inconsistency or overlapping with the patents already existing. Address the objections quickly and clarify it.
Step 8. Grant of Patent
After all objections are cleared, the patent is granted. The patent certificate is issued, and your invention gets protection under the Indian Patent Act.
Documents Required For Patent Registration
Patent registration in India is a comprehensive procedure that demands various necessary documents for submission. All these documents are necessary to ascertain that your innovation is in complete compliance with the Indian Patent Act and its related provisions. There is a broad list of such documents you are required to submit for patent registration in India.
Patent Application Form (Form 1)
This is the main document for filing a patent application. It contains the following:
- Applicant details, including name, address, and nationality.
- Type of applicant( Individual, startup, small entity, or large entity).
- Declaration of ownership, if applicable.
Provisional or Complete Specification (Form 2)
- Provisional Specification: It is filed when the invention is in its infancy.
- Complete Specification: It is filed when the invention is developed.
This document contains:
- Title of the invention.
- Detailed description of the invention.
- Claims that define the scope of the invention.
- Drawings or diagrams, if required.
Statement and Undertaking (Form 3)
This form contains details regarding foreign applications of the same invention, if relevant. It prevents double patenting and makes things transparent.
Declaration of Inventorship (Form 5)
It is a declaration of the true and first inventors of the invention. This form is a must at the time of complete specification filing.
Power of Attorney (Form 26)
This document authorizes the patent agent or attorney who is handling the application to act on behalf of the applicant.
Priority Document (where applicable)
In case the application claims priority from an earlier filed application in some other country, a certified copy of the priority document is required.
Abstract of the Invention
This is a summary of the invention. It should not be more than 150 words and must clearly outline the purpose and key features.
Drawings and Diagrams
Provide detailed drawings and diagrams that help explain the invention. They should be clear, labelled, and referenced in the specification.
Proof of Start-up or Small Entity Status
If applying as a startup or small entity, submit proof such as:
- Certificate of recognition as a startup by the Indian government.
- Small entity declaration document.
Patent Search Report (Optional)
Not compulsory, however, it can be submitted as it would strengthen your application with novelty and uniqueness.
Digital Signature Certificate (DSC)
Applying online requires the DSC; the applicant or authorized representative shall digitally sign the forms.
Filing Fees Receipt
Proof of payment of the required patent application fees is also required. These vary depending on whether the applicant is an individual, small entity, or large entity and the number of claims.
Working Proof of the Invention (if applicable)
In some situations, proof demonstrating that the invention works as described may be necessary. This could include prototypes, test results, or other supporting documentation.
Related: Udyog Aadhaar MSME | How To Get Online Registration
Cost of Patent Registration in India
The cost of patent registration comprises of
- Filing Fees: INR 1,600 to INR 8,000 depending upon the applicant type.
- Examination Fees: INR 4,000 to INR 20,000.
- Professional Fees: If you hire a patent attorney, charges will be added.
The total cost will be between INR 20,000 to INR 70,000, based on the complexity of the invention.
Related: How To Get AGMARK Registration
Patent Offices in India: Address and Jurisdiction
Here’s a detailed table of the locations and jurisdictions of the Patent Offices in India:
| Patent Office | Address | Jurisdiction |
|---|---|---|
| Patent Office Delhi | Boudhik Sampada Bhavan, Plot No. 32, Sector 14, Dwarka, New Delhi – 110078 | Covers the states of Haryana, Himachal Pradesh, Jammu and Kashmir, Punjab, Rajasthan, Uttar Pradesh, Uttarakhand, Chandigarh, and Delhi. |
| Patent Office Mumbai | Antop Hill, S.M. Road, Mumbai – 400037 | Covers the states of Gujarat, Maharashtra, Madhya Pradesh, Chhattisgarh, Goa, and the Union Territories of Daman and Diu and Dadra and Nagar Haveli. |
| Patent Office Chennai | G.S.T. Road, Guindy, Chennai – 600032 | Covers the states of Andhra Pradesh, Karnataka, Kerala, Tamil Nadu, Telangana, and the Union Territories of Puducherry and Lakshadweep. |
| Patent Office Kolkata | CP-2, Sector V, Salt Lake City, Kolkata – 700091 | Covers the states of Assam, Arunachal Pradesh, Bihar, Jharkhand, Manipur, Meghalaya, Mizoram, Nagaland, Odisha, Sikkim, Tripura, West Bengal, and the Union Territory of Andaman and Nicobar Islands. |
Notes:
- Each office is responsible for handling patent applications and related activities for its respective jurisdiction.
- Applicants can file applications online, and the jurisdiction is generally determined by the address of the applicant.
- Always confirm the jurisdiction and address before filing, as changes may occur over time.
The patent application form can be submitted online from the official site of the Office of the Controller General of Patents, Designs, and Trademarks. if you have a class 3 digital certificate. Alternatively, you can send true copies (hard copies) to the patent office. However, when an applicant files offline, the patent office charges a 10% additional fee.
FAQs on Patent Registration in India
How long does it take to get a patent in India?
The time period of receiving a patent certificate generally takes 2-3 years. However, it can take more time if the invention is complicated or there are objections raised during the examination.
Can software be patented in India?
Software per se cannot be patented except it relates to hardware for solving any technical problem.
What is the validity period of a patent in India?
A patent is valid for 20 years from the date of filing, after which it goes to the public domain.
Can I sell my patent?
Yes, you can license or sell your patent rights to generate income.
