Patent in India

Patent in India: Complete Guide to Filing, Protection, and Enforcement

A patent is one of the most powerful tools available to inventors, entrepreneurs, and organizations to protect innovation. It grants the inventor an exclusive right to make, use, sell, and license their invention for a limited period, preventing others from exploiting it without consent.

In India, patents play a crucial role in encouraging technological advancement and investment in research and development. The Indian patent system, governed by the Patents Act, 1970, provides a structured framework for obtaining, maintaining, and enforcing patent rights.

Understanding What a Patent Is

A patent is a legal right granted to an inventor for an invention that is new, inventive (non-obvious), and industrially applicable. In simpler terms, a patent protects an idea that provides a technical solution to a problem.

The patent does not protect the idea itself but protects the technical embodiment or implementation of that idea — such as a product, process, or method that performs a novel function.

The rights conferred by a patent are territorial, meaning that a patent granted in India is enforceable only within India. To secure global protection, corresponding applications must be filed in other countries or through international routes such as the Patent Cooperation Treaty (PCT).

Legal Framework for Patents in India

The Patents Act, 1970 and the Patent Rules, 2003 form the legal basis of patent protection in India. Over the years, these laws have been amended — notably in 1999, 2002, and 2005 — to align India’s patent regime with the TRIPS Agreement (Trade-Related Aspects of Intellectual Property Rights) under the World Trade Organization (WTO).

The Controller General of Patents, Designs, and Trade Marks (CGPDTM) oversees the administration of patents in India through its branches located in Mumbai, Delhi, Chennai, and Kolkata.

What Can Be Patented in India? What is the Patentability Criteria?

For an invention to be patentable in India, it must satisfy three main conditions:

1. Novelty – The invention must be new and not previously disclosed anywhere in the world.
2. Inventive Step – The invention must involve a technical advancement or non-obvious improvement over existing knowledge.
3. Industrial Applicability – The invention must be capable of being made or used in some kind of industry.

Examples of patentable inventions include:

• A computer-related invention that demonstrates technical effect or technical contribution.
• A new machine or device with improved functionality.
• A novel manufacturing process.
• A chemical compound with a new therapeutic use.

What Cannot Be Patented in India

The Indian Patents Act (Sections 3 and 4) lists several exclusions from patentability. The following cannot be patented in India:

• Discoveries of scientific principles or abstract theories.
• Mathematical or business methods, or computer programs per se.
• Methods of agriculture or horticulture.
• Inventions contrary to natural laws or morality.
• Medical, surgical, or therapeutic treatment methods for humans or animals.
• Plants and animals (except microorganisms).
• Mere discoveries of new forms of known substances without enhanced efficacy.

These exclusions ensure that patents are granted only for true innovations and not for naturally occurring or ethical-sensitive subject matter.

Types of Patent Applications in India

Depending on the stage and origin of the invention, different types of patent applications can be filed in India:

1. Provisional Application – A temporary filing that secures a priority date while allowing the inventor 12 months to develop and file the complete specification.
2. Complete Application – The final application containing full details of the invention, claims, and drawings.
3. Convention Application – Filed in India within 12 months of filing a patent in a convention country.
4. PCT National Phase Application – Filed in India within 31 months of the international (PCT) filing date.
5. Divisional Application – Filed when a single application contains multiple inventions.
6. Patent of Addition – For improvements or modifications of an already patented invention.

Patent Filing Process in India

The patent registration process in India involves several procedural steps under the Indian Patent Law.

Step 1: Patent Search

Before filing, conduct a patentability search to confirm that your invention is new. This helps avoid rejection based on prior art.

Step 2: Filing the Application

Submit a provisional or complete specification using prescribed forms and pay the applicable fee. Filing can be done online or physically at the Patent Office.

Step 3: Publication

The application is automatically published after 18 months from the priority date. For faster processing, the applicant may request early publication under Form 9.

Step 4: Request for Examination (RFE)

The applicant must file an RFE (Form 18) within 31 months from the earliest priority date. This period can be extended up to 48 months upon payment of a late fee. The Patent Office will not examine the application unless this request is filed.

Step 5: Examination and Objections

The examiner evaluates the application for novelty, inventive step, and industrial applicability. A First Examination Report (FER) is issued listing objections. The applicant must respond within six months, extendable by three months.

Step 6: Grant of Patent

If the Controller is satisfied that the application meets all requirements, the patent is granted and published in the Patent Journal. The average timeline from filing to grant is about 2–4 years, depending on complexity and responsiveness.

Duration and Renewal of a Patent

A patent in India remains valid for 20 years from the filing or international filing date. To maintain the patent, the owner must pay annual renewal fees starting from the third year.

Failure to pay renewal fees leads to lapse, but a restoration may be requested within the prescribed time limit.

Rights and Benefits of a Patentee

A patent grants the inventor several exclusive rights, including the right to:

• Prevent others from making, using, or selling the invention without consent
• License or assign the patent to third parties
• Monetize innovations through royalties or technology transfer
• Enforce rights through legal action in case of infringement

Patents serve both as a defensive and commercial tool, protecting market position and attracting investors.

Patent Infringement and Enforcement in India

Patent infringement occurs when someone makes, uses, or sells a patented invention without authorization. Enforcement is handled through civil litigation in District or High Courts.

Available remedies include:

• Injunctions to restrain infringement
• Damages or account of profits
• Seizure or destruction of infringing products

India also allows compulsory licensing in limited cases where the invention is not worked in India or not available at a reasonable price — balancing public interest with patent rights.

Importance of Patent Protection in India

India’s growing R&D ecosystem makes patent protection strategically valuable. The benefits include:

• Strengthened market exclusivity and competitive advantage
• Increased valuation and investor confidence
• Licensing and royalty income opportunities
• Contribution to national innovation and technology growth

Patents thus play a vital role in driving India’s transformation into a global innovation hub.

Role of Patent Attorneys and Agents

Navigating the patent filing process in India requires both technical understanding and legal precision. A registered patent attorney or agent assists in:

• Drafting high-quality specifications and claims
• Managing filings, oppositions, and hearings
• Handling communication with the Indian Patent Office
• Advising on patent strategy, commercialization, and enforcement

At Bhagnari & Co, our experienced patent lawyers and agents support inventors, startups, universities, and global corporations in protecting their innovations effectively.

Frequently Asked Questions (FAQ) on Patent in India

1. What is a patent in India and why is it important?

A patent in India is a legal right granted to an inventor for a new and useful invention. It gives the inventor exclusive control over making, using, selling, or licensing the invention for 20 years. Patents encourage innovation, attract investors, and provide commercial advantages by preventing unauthorized use of your invention.

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2. Who can apply for a patent in India?

Any individual, company, startup, or research organization—whether Indian or foreign—can apply for a patent in India. The applicant may be the true inventor, an assignee, or a legal representative of the inventor. Foreign applicants can file directly in India or through the PCT National Phase route.

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3. What are the main requirements for patentability in India?

To be patentable, an invention must meet three essential criteria:

• Novelty – It must be new and not disclosed anywhere in the world before filing.
• Inventive Step – It should involve a technical advancement or improvement that is not obvious to an expert.
• Industrial Applicability – It must be capable of being made or used in any kind of industry.

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4. How long does it take to get a patent granted in India?

The average timeline for patent grant in India ranges from 2 to 4 years, depending on factors such as the complexity of the invention, examination speed, and applicant responsiveness. The process can be accelerated by requesting early publication and expedited examination under specific criteria such as being a startup or having a female applicant.

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5. How long is a patent valid in India and how is it renewed?

A patent in India is valid for 20 years from the date of filing or the international filing date (for PCT applications). To keep the patent in force, annual renewal fees must be paid starting from the third year. Non-payment results in lapse, though restoration is possible within the prescribed time limit.

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6. What happens if someone infringes a patent in India?

Patent infringement occurs when a person or company makes, uses, sells, or imports a patented invention without authorization. The patentee can file a civil suit for infringement before a District Court or High Court, seeking remedies such as injunctions, damages, and account of profits. Indian law also allows compulsory licensing in limited circumstances to balance public interest and patent rights.

Conclusion

Patents are a cornerstone of intellectual property protection and a driving force for innovation-led growth. India’s patent system offers a transparent, efficient, and evolving legal framework that supports inventors, startups, and corporations alike.

By understanding the process, maintaining deadlines, and seeking expert assistance, applicants can effectively safeguard their technological innovations and leverage them for commercial success.

Bhagnari & Co provides comprehensive patent services, from filing and prosecution to enforcement and portfolio management, helping clients turn ideas into valuable, protected assets.

Contact us today to learn more about filing a patent in India or to schedule a consultation with our patent professionals.

About This Page

This page offers a comprehensive guide on Patent in India, explaining everything from eligibility and patentability criteria to the detailed patent filing and registration process under the Indian Patent Law. It covers key topics such as provisional and complete applications, PCT national phase filing, timelines for request for examination (RFE), patent duration, renewal, and infringement remedies. Whether you are an inventor, startup, or corporate innovator, this guide helps you understand how to protect your invention and enforce your rights effectively.
Our team at Bhagnari & Co provides complete support for patent drafting, filing, prosecution, and enforcement in India and abroad, ensuring your innovation receives the strongest possible protection.

You may directly call on +91.9860588440 or write a mail to info@bhagnari.com for further information and discussions.

Written by Mahesh Bhagnari, Patent Attorney in India.