A patent is an essential step for inventors and innovators who want to protect their inventions legally. In India, patent rights are granted under the Patents Act, 1970, governed by the Controller General of Patents, Designs and Trade Marks (CGPDTM), which operates under the Ministry of Commerce and Industry. Obtaining a patent not only gives you exclusive rights over your invention but also prevents others from making, using, or selling it without your permission. A patent is valid for a period of 20 years, subject to renewal.
In this blog, we shall understand what a patent is, what can be patented in India, and the step-by-step procedure for getting a patent in India.
What is a Patent?
A patent is a legal right granted to an inventor for a novel, useful, and non-obvious invention. It gives the inventor exclusive rights for a specific period of 20 years from the date of obtaining a patent.
What Can Be Patented in India?
Under Section 2(1)(j) of the Patents Act, 1970, an invention must satisfy the following criteria to be patentable:
- Novelty: The invention must be new and not known to the public before the filing date.
- Inventive Step: It must not be obvious to someone skilled in the same field.
- Industrial Applicability: The invention should be capable of being used in an industry.
- Patentable Subject Matter: It must not fall under non-patentable categories under Sections 3 and 4 of the Patents Act, 1970, e.g., laws of nature, mathematical methods, abstract ideas, traditional knowledge, etc.
Importance of Patent Protection for Indian Innovators and Startups
For Indian inventors, researchers, and startups, obtaining a patent is more than a legal safeguard; it has several benefits, such as:
- Secure Exclusive Commercial Rights: When you patent an invention, you are granted the legal authority to exclude others from manufacturing, selling, or importing that product in India without your consent.
- Attract Investors and Strategic Partners: Startups often seek funding to scale their operations. Having patented technology shows that your business offers a unique solution with legal backing. It instills confidence that the innovation will not be easily copied or carried away.
- Encourage Innovation and Research: Patent protection encourages inventors to innovate more fearlessly. Knowing that others will not freely exploit their hard work and ideas motivates scientists, engineers, and entrepreneurs to invest time and resources in R&D.
- Create Licensing and Revenue Opportunities: A granted patent opens doors for licensing. Instead of manufacturing or commercializing the product yourself, you can license it to others and generate royalty income.
- Enhance Market Reputation and Credibility: Owning a patent can differentiate a company or product in a crowded market. It shows innovation, quality, and a forward-thinking approach, which is helpful to build brand credibility and trust among consumers and industry stakeholders.
Step-by-Step Procedure to Get a Patent in India
Step 1: Patent Search (Optional but Strongly Recommended)
Before filing a patent application, it is advisable to conduct a patentability search to ensure that your invention is novel. You can use the Indian Patent Advanced Search System (InPASS), WIPO Patentscope, and Google Patents to do a Patent Search in India.
Step 2: Draft the Patent Application
The patent application must clearly describe the invention and claim the aspects that make it unique.
Types of applications:
- Provisional Application: It is filed to secure an early filing date and is valid for 12 months.
- Complete Application: It must be filed within 12 months of the provisional application or directly if the invention is ready.
Contents of the application:
- Title of the invention
- Field of the invention
- Background
- Summary
- Detailed description with examples
- Claims
- Abstract
- Drawings (if necessary)
Step 3: File the Patent Application
The patent application can be filed online on the IP India Portal or physically at one of the four Patent Offices in India (Mumbai, Delhi, Chennai, Kolkata), on the basis of the applicant’s location.
Forms to file:
- Form 1 – Application for grant of patent
- Form 2 – Provisional/Complete specification
- Form 3 – Statement and undertaking (foreign applications)
- Form 5 – Declaration of inventorship
- Form 26 – Power of attorney (if using a patent agent)
- Form 28 – For startups/SMEs claiming fee concession
Step 4: Publish the Patent Application
- The application is published automatically after 18 months from the filing date.
- If early publication is desired, Form 9 can be filed.
- After publication, the invention becomes open to the public.
Step 5: Request for Examination (RFE)
- Patent applications are not examined automatically.
- You must file Form 18 within 48 months of the priority date to initiate examination.
- For faster processing, Form 18A (expedited examination) can be filed by eligible applicants such as startups.
Step 6: Examination by the Patent Office
- An examiner reviews the application for novelty, inventive step, and industrial applicability.
- An Examination Report (FER) is issued with objections, if any.
- The applicant must respond to the objections within 6 months (extendable by 3 months).
- A hearing may be scheduled if objections persist.
Step 7: Grant of Patent
- If the Controller is satisfied with the response, the patent is granted.
- The patent is then published in the Patent Journal, and the certificate is issued.
Timeframe for Obtaining a Patent
The entire patent process in India usually takes 2 to 4 years, depending on whether expedited examination is used and the complexity of the invention.
Compliance Checklist for Patent Filing in India
- Conduct a patent search to confirm novelty
- Prepare an accurate and detailed patent specification
- File either a provisional or a complete application
- Submit required forms and pay prescribed fees
- Ensure application is published (wait 18 months or file for early publication)
- File Request for Examination (RFE) in Form 18 or 18A
- Respond to the First Examination Report (FER) within the time limits
- Pay annual renewal fees after the 2nd year
- Submit Form 27 annually to report on the commercial use
- Keep track of deadlines and official notices
Common Mistakes to Avoid
- Filing without a prior patent search.
- Poorly drafted application and claims.
- Missing the 12-month deadline to file a complete specification after the provisional.
- Not filing the Request for Examination (Form 18) in time.
- Ignoring FER or responding late.
- Failing to pay renewal fees.
- Not disclosing foreign filings (Form 3).
Conclusion
Obtaining a patent in India is not just a checklist of forms and filings; rather, it is a declaration that your invention has crossed the threshold from idea to intellectual property. In a country where innovation is booming across sectors, from agritech and AI to sustainable engineering, timely patent protection is fast becoming an essential for businesses to safeguard the interests of creative minds. Furthermore, patents in India are increasingly being used not only for protection but also for attracting global investors, building technology licensing ecosystems, and even enhancing corporate valuations. The government’s support through fast-track mechanisms for startups and fee rebates for MSMEs reflects a shift: from mere legal compliance to fostering a culture of innovation.
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