Are you an innovator, startup founder, or entrepreneur with a unique invention?
If yes, then securing your invention with a patent can be the key to protecting your idea from being copied or exploited by others. A patent protects your invention and grants you exclusive rights over it. In India, you can patent products, processes or methods, machines, chemical compounds, biotechnological inventions, manufactured articles, software, and computer-implemented Inventions. For an invention to be patentable, it has to be novel (new), unique, and have an industrial application. The Indian Patent Act, 1970, controls the registration and governance of patents in India.
This blog walks you through the documents required, a step-by-step process for patent registration in India, and valuable tips to help you navigate the Indian patent system with clarity.
What is a Patent?
A patent is a legal right granted by the government to an inventor for a novel, useful, and non-obvious invention. It allows the inventor to exclude others from making, using, selling, or importing the patented product or process without permission for a specific period, usually 20 years from the date of filing.
Who Can Apply for a Patent?
In India, the following entities can file a patent application:
- Individual inventors
- Startups and MSMEs
- Companies and research institutions
- Legal representatives or assignees of the inventor
Note: You can apply individually or jointly with other inventors or entities.
What Can Be Patented in India?
To be patentable, your invention must meet three main criteria:
- Novelty: It should be new and not disclosed in any prior publication.
- Inventive Step: It must involve technical advancement or economic significance.
- Industrial Applicability: It should be capable of being made or used in an industry.
Examples of patentable inventions:
- A new drug compound
- A unique mechanical device
- A software with a technical effect
- An innovative process in manufacturing
However, certain things cannot be patented under Indian law, such as:
- Scientific theories or mathematical methods
- Frivolous or contrary-to-public-order inventions
- Traditional knowledge or natural discoveries
Required Documents for Patent Registration in India
You will need the following documents for your patent registration in India:
- Form 1: Application for Grant of Patent
- Form 2: Provisional/Complete Specification
- Form 3: Statement of Undertaking (foreign applications, if any)
- Form 5: Declaration of Inventorship
- Form 9: Request for Early Publication (optional)
- Form 18: Request for Examination
- Form 26: Authorization of Patent Agent (if applicable)
- Drawings or Diagrams, if relevant
- Abstract of the Invention (150 words max)
- Proof of Right: If the applicant is not the inventor (e.g., assignment deed)
- Priority Document: If claiming priority from a foreign application under the Paris Convention
All documents must be filed in English and signed by the applicant or authorized agent.
Step-by-Step Process for Patent Registration in India
The process for registering a patent in India can seem complex at first, but breaking it down step-by-step makes it easier to understand. Here’s how it works:
Step 1: Patent Search (Optional but Recommended)
Before filing a patent application, it’s wise to conduct a patentability search to check whether a similar invention already exists.
You can do this by:
- Searching Indian patent databases (https://ipindiaservices.gov.in/publicsearch/)
- Consulting a registered patent agent or IP attorney
Step 2: Draft Patent Application
A patent application is the formal request that is submitted to the patent office to obtain a patent for a new invention. It must be carefully drafted with the following sections:
- Title of the invention
- Summary of the application
- Detailed description of the invention
- Scope of protection
- Drawings/diagrams, if applicable
Step 3: File the Patent Application
Once the application is ready, you can file it either online or at the relevant Patent Office (Kolkata, Mumbai, Chennai, or Delhi).
Types of patent applications:
- Provisional Application: If your invention is not fully developed, you can file a provisional specification to secure the priority date. You must file the complete specification within 12 months.
- Complete Application: Filed when your invention is fully ready for disclosure.
Modes of filing:
- Online through the official IP India website
- Offline submission at the jurisdictional Patent Office
You will receive a patent application number upon successful submission.
Step 4: Publication of the Application
After 18 months from the filing date, the application is automatically published in the official patent journal unless a request for early publication is made.
You can request early publication by filing Form 9, and your application will be published within 1 month of the request.
Once published:
- Your invention enters the public domain
- You gain provisional rights to seek damages for infringement (after the grant)
Step 5: Request for Examination (RFE)
Your application will not be examined until you file a Request for Examination (Form 18) within 48 months from the filing date or priority date.
There is also an option for Expedited Examination (Form 18A) for:
- Startups
- Applicants selecting India as the ISA/IPEA in international filings
An examiner reviews your application to determine whether it meets the patentability criteria.
Step 6: Response to Examination Report
The examiner issues a First Examination Report (FER) listing any objections or deficiencies.
You must respond to the FER within 6 months, addressing each objection and possibly amending the claims or specifications.
If objections are resolved satisfactorily, the application proceeds toward a grant.
Step 7: Grant of Patent
Once the Controller is satisfied with the response, the patent is granted and published in the official journal.
The patent remains valid for 20 years, subject to annual renewal.
Tips for a Smooth Patent Registration
- Conduct a Thorough Patent Search
- Document Everything
- Understand Patent Types
- File Early
- Hire a Patent Attorney
- Prepare a Clear and Detailed Application
- Check the Patent Office Requirements
- Respond Promptly to Office Actions
Conclusion
Patent registration in India is also essential to protect your innovation and invention and to gain a commercial advantage. The process of registering a patent is simple and easy, and it is done online at the IP India portal. By understanding the step-by-step process and preparing the necessary documents, you can navigate the patent landscape with confidence. Whether you are an independent inventor or a startup, getting your invention patented is an investment in your innovation’s future.
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