+91 7305 345 345Patent Registration
1,64,739
Happy Clients
99.99% customers satisfaction guaranteed.
No Hidden charges
Overview of Patent Registration in India
Secure your brand's identity with Kanakkupillai's Intellectual Property Services - Protect, Promote and Prosper.
Patent registration in India is a legal process that grants exclusive rights to an inventor over a new and useful invention. It ensures that no other individual or business can make, use, sell, or distribute the invention without the owner’s permission for a defined period.
For businesses, startups, and individual innovators, securing a patent is essential to protect original ideas, technologies, or processes from unauthorized use. In a competitive market, this protection helps maintain a unique position and prevents duplication by competitors.
A registered patent is more than just legal protection—it is a strategic business asset. It allows the owner to commercialise the invention, license it to others for royalties, or transfer ownership through sale. This creates opportunities for additional revenue and long-term value creation.
Patent registration also enhances credibility. It signals innovation, strengthens brand reputation, and increases investor confidence by demonstrating that the business owns and protects its intellectual property.
What is Patent Registration?
Patent registration grants the inventor the right to sell, manufacture, use, and process the invention. It also prevents others from making identical copies of the product. Patents registered by the Indian government provide legal protection, which can be used as evidence in court. In India, a patent is valid for up to 20 years, with renewal options depending on various factors.
Why is Patent Registration Important?
Patent registration is essential in India due to the following reasons:
- Protect your Creation: Patent Registration guards your innovation from unauthorised use and gives you exclusive rights to your creation.
- Validity: It protects your innovation from infringement for a fixed 20-year period of patent exclusivity.
- Proprietary Rights: Patent Registration allows the creator/inventor of the invention to charge extra for innovation. By registration, you can increase your company's profit.
- Sell or transfer patent rights: After registering your patent, you can sell, grant, or franchise it.
- Good Reputation: A registered patent boosts the inventor’s credibility in the product.
- Funding: A patent can attract investors or help secure funding, even if it only generates a small royalty.
What Can be Patented in India?
A patent can be obtained for a variety of inventions in India, including:
- Products: This category includes novel and creative physical objects, including manufactured goods, equipment, technologies, chemicals, and medications.
- Methods: Innovative processes or techniques for producing a good or completing a task. This could include innovative field techniques, industrial methodologies, or manufacturing processes.
- Machines: Patents are available for any novel, functional machines or mechanical inventions, including ones with inventive mechanics or parts.
- Manufactured Goods: Items that are made with a unique technique or have distinctive qualities are eligible for patent protection; where the appearance of such items is the key differentiator, design registration online may also be considered.
- Chemical Formulas: New and creative chemical substances, including pharmaceuticals, are patentable. Biotechnological discoveries: Patents are available for biological advances such as gene mapping, genetic manipulation and new biotechnology procedures.
- Software and Digital Innovation: Patent protection may be granted for inventions in the area of software and digital innovations, as well as those relating to computers.
Which Cannot be Patented in India?
You cannot patent everything. Some inventions are not eligible, such as:
- Discoveries of scientific principles or natural laws.
- Creative works like music, art, or literature (which may instead qualify for trademark registration online or copyright protection).
- Methods for games, business plans, or mental activities.
- Inventions were harmful to people, animals, or the environment.
- Inventions against public morality or order.
The Documentation Needed to Register a Patent in India
The following paperwork is required in order to submit an application for patent registration in India:
- Complete Specifications: Form-2.
- Patent Registration Application: Form-1.
- Provisional Specifications: Form-1 in the event that complete specifications are not available.
- Declarative Statement and Promise: Form-3.
- Inventor's Declaration: A formal Form-5 statement from the inventor outlining the particulars and novelty of the invention.
- Proof of Right: Documentation from the inventor confirming that the applicant qualifies to file an application for patent registration.
- Power of Authority: Form-26, a power of authority, is necessary if a patent agent or legal representative is submitting the patent application.
- Priority papers: It is essential to submit priority papers for convention applications (from the Paris Convention) or national phase applications under the PCT (Patent Cooperation Treaty). These may be sent with the first submission or within the first eighteen months following the priority date.
- Permission from the National Biodiversity Authority: Approval from the NBA is required if the proposal uses biological material obtained from India.
- The source of biological material: the patent application should specify where it comes from if any biological material is mentioned in the specifications.
The Procedure of Patent Registration in India
The Procedure of Patent Registration in India
In order to obtain a patent in India, it is necessary to carry out extensive research for patents in India and the registration procedure is broken down as follows:
Searching for Patents
Conduct a thorough patent search as the first step in determining whether the innovation is original. Looking up the invention's patentability. It is wise to conduct a comprehensive investigation into patentability to ascertain the possibility of obtaining a patent prior to applying for one in India. To ascertain patentability, visit http://ipindiaservices.gov.in/publicsearch. Remember that you don't need to do this step alone.
Create the Patent Specification
After the international search for the application is finished, the patent specification is written. Technical and legal claims made by the inventor may or may not be included in this paper. If there are no claims, the specification is tentative; if there are, it is comprehensive. The invention is described in detail, together with valuable examples and the optimal way to put it into practice, in the specification. When a patent specification is comprehensive and includes all of the inventor's claims, it is legally protected — which is why thorough patent proofreading before submission is strongly recommended.
Filing Your Patent Application
Once the patent specification is created, you can apply for a patent in India. Applications may be complete or preliminary, depending on the drafted specifications. The Provisional or Complete Specification is filed in Form 2 in compliance with the Indian Patent Act, whereas the Patent Application is filed in Form 1. You have a year to file a complete patent specification that contains the inventor's claims if you have previously completed provisional patent filing.
Making the Patent Opposition Public
Following filing, the Patent is published for public inspection in an official gazette. As long as they have a good cause, the public can raise an opposition to grant of patent because of its transparency.
Commencing the Patent Examination
Only after an explicit request for examination has been made is the patent application examined. This request needs to be filed within 48 months of the Patent's priority date or filing date. A chosen patent examiner thoroughly reviews the application and then reports any problem discovered throughout the examination. Within a year of the report's publication, a response must be sent. In order to address these issues, known as patent prosecution, the examiner may, if necessary, call the applicant or representative to a hearing.
A patent is Awarded
The Patent is granted if all of the officer's concerns have been addressed. However, if the counterarguments do not persuade the examiner, the application is denied, and the applicant has to start over to obtain further protection in India.
Renewal of Your Expired Patent
Renewing your Patent is one of the final steps in getting one in India. A patent usually lasts for 20 years and must be renewed by the owner after 20 years for a nominal charge.
Fees
Patent Registration Fees
- The official fee for filing a patent application in India by natural person(s)/ Individuals and/or Startup is INR 1600/-.
- A small entity filing a patent application in India alone, with a natural person or people, or with a startup must pay INR 4000/- in government costs.
- The official cost for a large business to file a patent application in India is INR 8000/-.
Guidelines Regulating the Filing of Patent Applications
Keep the following guidelines in mind while submitting a patent application:
- It is necessary to submit the patent application to the Indian Patent Office.
- The name of the inventor or creator shall be indicated in an application for a patent.
Patent Registration Validity in India
After a preliminary or final patent registration application is filed, an Indian-registered patent is valid for 20 years. After this period, the patent becomes public domain unless renewed.
What is Patent Renewal?
Patent renewal is the procedure by which a patent may be renewed once its corresponding renewal fee has been paid. A renewal fee shall be paid before the end date.
Can a Patent in India be Revoked/Cancelled?
As per Section 66 of the Patents Act, 1970, the patent registration in India can be revoked due to the following reasons in India:
The patent Registration in India may be cancelled due to the following reasons:
- Failure to pay the renewal fees
- Failure of the patented invention to function
- In the interest of the public and peace
Will my Invention be Protected Outside of India through Indian Patent Registration?
A patent registered in India may only be utilised domestically; its owner is not permitted to use the patent outside. However, if the inventor wants to have their innovation protected by a patent in another country, they must apply within a year of the creation's registration in India.
Why Choose Kanakkupillai for Patent Registration in India
If you are looking to protect your innovative ideas and inventions, Kanakkupillai is the name you can trust. With over 50,000 successful registrations, we have earned our reputation as one of the top providers of business solutions and intellectual property services (Trademark registration, Copyright registration and Design registration).
Our focus is on helping you understand the registration process and taking care of all the steps involved. You don't need to worry about the complicated legal stuff—we handle all of that.
At Kanakkupillai, we understand that protecting your patent by registration is not the end. Therefore, for your convenience, we offer full post-registration support to ensure that your patented invention stays compliant with all the necessary laws. This ensures you’re always covered and never at risk of losing your exclusive rights.
Our approach is all about simplifying the process and providing you with personalized service. We take the time to understand your needs so you get exactly what you're looking for—no more, no less.
With Kanakkupillai, you can feel confident that your patent registration is in expert hands. This leaves you free to concentrate on building your brand and growing your business. Let us take care of the legal details while you focus on the bigger picture.
If you want to register for your Patent, don't hesitate to contact us immediately.
Frequently Asked Questions
A patent: what is it?
An inventor or authorized applicant is granted a 20-year exclusive right to utilize a patent only for beneficial purposes.Who may submit a patent application?
A new creator or his assignee may file a patent application (individually or collectively with any other people).What makes patent registration in India essential?
A patent must be acquired in India to secure the inventor's exclusive right over their creation. It provides a defence against third parties creating, utilizing, or sharing the innovation without authorization. Giving innovators temporary exclusivity in their creations also promotes creativity and innovation.Who is eligible to register a Patent?
The actual and original creator, the rightful owner of the original and authentic inventor, A deceased person's legal representatives, may also apply for a patent.In India, who grants patents?
The Department for Promotion of Industry and Internal Trade manages the Office of the Controller General of Patents, Designs and Trademarks (CGPDTM), also referred to as the Indian Patent Office, which is responsible for enforcing Indian Patent, design, and trademark laws.Which three categories of patents exist?
Utility, design, and plant patents are the three categories of patents.A prior art search: what is it?
Finding proof that there has been a previous understanding of the innovation before the date the patent application was filed is known as a prior art search.Is it possible to sell the Patent?
On mutually agreeable terms, other parties may purchase the Patent and use the invention.Is patenting beneficial or detrimental?
Therefore, rather than being positive privileges, patents are negative rights. A patent gives its owner the authority to forbid the creation, distribution, use, importation, or offering of the patented procedure, composition, or product for sale. A patent is not a positive right that gives its holder complete control over what they can do.Is an Indian patent enforceable globally?
Every awarded Patent is only valid in the territory of the nation that granted it. Therefore, the Indian government's granted Patent is only valid within India.What makes Us Different
300+ Services
Relax at home, we take care of Tax/Compliance
Reasonable
competitive price with professional service delivery
Customer Satisfaction
Prioritize client satisfaction and expectations at every step
Google Reviews
99% of Customers rated us 5* in Google.
Turn Around Time
99% of services will be delivered on within timeline
Compliance
We manage 99.9% of compliance within due date
Our Banking Partners
